Anti-suit injunction

2023 in Review, Anti-suit injunction, Artificial Intelligence, Australia, Australian Arbitration Week, Climate change, Commercial Arbitration, Fiji, Interim measures, Investment Arbitration, New Zealand, Pacific Islands, State Immunity

, and (Wynn Williams)/ /1 Comment

2023 was another year of growth for arbitration in Australia, New Zealand, and the Pacific Islands. It saw developments in investment arbitration and disputes relating to climate change, efforts to improve gender and cultural diversity, debate and guidance on the use of artificial intelligence, and pro-arbitration jurisprudence. We explore some of these key themes below….

Anti-suit injunction, English Law

, (Quinn Emanuel Urquhart & Sullivan LLP)/ /Leave a comment

Anti-suit injunctions (ASIs) are orders which a court or arbitral tribunal may issue to restrain a party from commencing or continuing a proceeding in another jurisdiction. Several recent decisions have considered whether English courts should grant ASIs pursuant to section 37(1) of the Senior Courts Act 1981 and/or section 44 of the Arbitration Act 1996…

Anti-suit injunction, Arbitration Agreement, Russia, Sanctions

(Enyo Law LLP)/ /Leave a comment

As previously reported, in mid-2020, changes were enacted to the Russian Arbitrazh (Commercial) Procedure Code (“APC”) to establish the exclusive jurisdiction of Russian Arbitrazh courts over cases where a Russian party is subject to sanctions or where the dispute has arisen out of sanctions. This triggered concerns that sanctioned Russian parties would be able to…

Anti-suit injunction, Malaysia

(Herbert Smith Freehills LLP)/ /Leave a comment
AIAC Young Practitioners Group (AIAC YPG)

An increasing number of anti-arbitration injunctions applications have come before the Malaysian courts within the last two years. Anti-arbitration injunctions can take various forms but are essentially judicial orders restraining the initiation or continuation of arbitration proceedings in Malaysia or, as the case may be, a foreign jurisdiction. What has emerged from the Malaysian courts…

Anti-suit injunction, France, Germany, International arbitration

(Humboldt University of Berlin)/ /3 Comments

For more than a decade, it was evident that anti-suit injunctions are not permitted in the European Union. Recently, however, there have been developments that could signal the beginning of a new dawn. In late 2019, the Higher Regional Court Munich confirmed the first anti-anti-suit injunction in German history. The court prohibited Continental from further…

Anti-suit injunction, Brexit, Brussels Regulation, CJEU, European Union

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While the United Kingdom (“UK”) was a member of the European Union (“EU”), the power of the English courts to grant anti-suit injunctions was considerably constrained by EU law. Now that the UK has left the EU, it is worth asking the question: are anti-suit injunctions back on the menu? This blog post provides a…

Anti-suit injunction, Interim measures, UK

(Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

It is important for parties to arbitration agreements to understand to what extent they might be able to obtain effective interim relief from the courts. While parties may provide in their arbitration agreement, whether through express drafting or (more often) by incorporation of institutional rules, that the parties shall be permitted to seek interim relief…

Anti-suit injunction, Arbitrability, English courts, Insolvency

and (Brunel University London)/ /Leave a comment

On 23 September 2020, the England and Wales High Court (“High Court”) rendered its judgment in Riverrock Securities Limited v International Bank of St Petersburg (Joint Stock Company) granting Riverrock Securities Limited (“RSL”) an interim anti-suit injunction in respect of bankruptcy proceedings in Russia brought against RSL by the receiver of the International Bank of…

Anti-suit injunction, Arbitration Agreement, Choice of Law, English courts, International arbitration, Law governing the arbitration agreement, Proper law of arbitration agreement, UK Supreme Court, Validation

(Mihaela Maravela Law Office)/ /Leave a comment

In its recent decision of 9 October 2020 in Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors [2020] UKSC 38 (Enka), the UK Supreme Court upheld the decision of the England and Wales Court of Appeal earlier this year restraining Chubb Russia from proceeding with parallel court proceedings in Russia, but…

Anti-enforcement Injunction, Anti-suit injunction, Comity, Conflict of Laws, Enforcement, English courts, Situs of a Debt

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In the recent decision in SAS Institute Inc v World Programming Limited [2020] EWCA Civ 599 (“SAS”), the English Court of Appeal addressed issues including the situs of a debt, the proper approach to anti-enforcement injunctions, and how considerations of comity arise in the enforcement of foreign decisions.   Facts In 2009, SAS, a North…

2019 In Review, Africa, Anti-suit injunction, Arbitration, Arbitration Proceedings, International arbitration, Investment Arbitration, Nigeria, Tanzania

(University of Oxford)/ /Leave a comment

2019 has been a busy year for international arbitration in Sub-Saharan Africa. Indeed, the year has brought an interesting wave of precedents, new domestic statutes, modern international investment agreements, and arbitration events. This post highlights and summarises some of the African developments covered in the Blog in 2019, with many thanks to the authors who…

Anti-suit injunction, Arbitration, England, ICC Arbitration

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In international commercial arbitration, issues relating to the unconstitutionality of national law (or national legislation) are very rarely raised before the arbitral tribunal. Within a purely academic setting, Jan Paulsson once commented that “[t]here [was] nothing at all unorthodox about the proposition that international tribunals empowered to apply national law [are also entitled to] make…

Anti-suit injunction, Arbitration, Arbitration Proceedings, Egypt, Enforcement

(Shehata & Partners, Maastricht University)/ /1 Comment

In May 2018, the Cairo Court of Appeals issued an intriguing judgment concerning the enforcement of an arbitral interim measure. In the words of the Court, the arbitral tribunal has issued a procedural order against Damietta International Ports (“DIP”) ordering the latter to refrain from suing the guarantor bank regarding the liquidation of a letter…

Anti-suit injunction, Brexit, English courts, English Law

(Enyo Law LLP)/ /Leave a comment

In one of Voltaire’s most famous tales, two characters continuously dispute their visions of the world, and whilst Pangloss is always looking for a cause for all small events fitting into a broader system, Candide, optimistic, prefers to look at how he himself can change the world not by pursuing its meaning, but with his…

Anti-suit injunction, International arbitration

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The short answer, I submit, is that it does. Nonetheless, there is no shortage of articles and commentaries purporting to explain some of the reasons why court-ordered anti-suit injunctions continue to be prohibited under Regulation (EU) 1215/2012 of the European Parliament and of the Council of 12 December 2012 on Jurisdiction and the Recognition and…

Anti-suit injunction, CJEU, International arbitration

(Coventry Law School, Coventry University)/ /1 Comment

On 6 June 2018, Justice Males at English High court in Nori Holdings Ltd v Bank Financial Corp [2018] EWHC 1343 (Comm) (Nori Holdings) provided clarifications on some of the legal issues on anti-suit injunctions. The facts revolved around an application for an anti-suit injunction to restrain the court proceedings commenced by the defendant (Bank)…

Anti-suit injunction, Arbitration, England, English Arbitration Act, LCIA Arbitration, LCIA Rules, Seat of the arbitration

(Clyde & Co.)/ /Leave a comment
Clyde & Co.

The seat of arbitration is a vital aspect of any arbitration proceeding. The situs is not just about where an institution is based, where hearings will be held or where there may be a good pool of arbitrators. It is also about which courts have supervisory power over your arbitration and the scope of those…

Anti-suit injunction, Brexit, Brussels Regulation, UK

, (Coventry Law School, Coventry University)/ /1 Comment

Background UK courts senior courts have the power to issue an anti-suit injunction in favor of arbitration where a party commences foreign court proceedings in breach of a valid arbitration agreement (Senior Courts Act 1981 s.37(1)). At the heart of this controversial remedy lies a concern that anti-suit injunction is an indirect interference with the…

Anti-suit injunction, Arbitration, Indonesia, SIAC

(MacalloHarlin Advocates)/ /Leave a comment
YSIAC

There have been a number of occasions in Indonesia when domestic court proceedings and foreign arbitration proceedings of the same matter were carried out concurrently. In some of those occasions, the arbitral tribunal, upon the claimant’s request, issued an anti-suit injunction in respect of the Indonesian court proceedings brought by the respondent. In Astro Nusantara…

Anti-arbitration, Anti-suit injunction, BIT, India, Parallel Proceedings

(AnchayilKumar) and (JSA, Advocates & Solicitors)/ /Leave a comment

The long-standing tax dispute between India and the Vodafone, also previously discussed in here,  recently entered new territory when India secured an ex-parte ad-interim injunction restraining the continuation of one of two bilateral investment treaty (“BIT”) arbitration proceedings initiated against it by the Vodafone group. A judge of the Delhi High Court granted this injunction on…

Anti-suit injunction, Delhi High Court, Tax

/ /2 Comments

India’s dispute with Vodafone has been one of its most publicized and long pending disputes with a foreign investor. Despite attempts at conciliation, parties remain locked in international arbitration under the relevant BIT. It may not be hyperbole to suggest that India’s approach to this dispute effectively defines its attitude to investor protection, at least…

Anti-suit injunction, Arbitration, Brexit, New York Convention, UK

(Linklaters)/ /Leave a comment

Last week, Theresa May delivered her long-awaited speech setting out Britain’s broad objectives in forthcoming Brexit negotiations with the EU. She confirmed the rumours of a “hard Brexit” by indicating Her Majesty’s Government’s intention to see the UK out from the Single Market and the Custom Union and to seek “a new and equal partnership…

Anti-suit injunction, Arbitration, Brexit, London, UK

, (Herbert Smith Freehills LLP) and (Herbert Smith Freehills)/ /2 Comments
Herbert Smith Freehills

London has long been a city associated with international arbitration. In 2015, even with the UK referendum on EU membership looming, according to analysis by theCity UK, London was the seat or centre of 4,738 international commercial arbitrations, mediations and adjudications in 2015. These were conducted under the auspices of numerous institutions, with the long-established…

Anti-suit injunction, Arbitration, CJEU

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On 13 May 2015, the CJEU handed down judgment in Gazprom (C-536/13). As readers will recall, the case concerns whether an EU court must refuse to give effect to an anti-suit award granted by an EU seated arbitral tribunal on the basis that such a measure is incompatible with EU Regulation 44/2001 (the “Brussels I…