RUSSIAN COURTS TO HAVE EXCLUSIVE JURISDICTION OVER SANCTIONED PERSONS

On 8 June 2020, the Russian President signed a new federal law (No.171-FZ), which will significantly change the dispute resolution landscape involving Russian sanctioned individuals and entities. It will come into force on 19 June 2020. It is significant as it provides for exclusive jurisdiction of the Russian state arbitrazh (commercial) courts with respect to … Read more

ENGLISH COURT OF APPEAL GRANTS ANTI-ENFORCEMENT INJUNCTION TO PROTECT THIRD PARTY DEBTS UNDER AGREEMENTS SUBJECT TO ENGLISH ARBITRATION

In SAS Institute Inc v World Programming Limited [2020] EWCA Civ 599, the English Court of Appeal granted an anti-enforcement injunction in part, preventing enforcement of a US judgment in respect of assets in England and Wales. In an interesting example of an interplay between intellectual property (“IP”) claims and arbitration, the Court of Appeal held … Read more

ENGLISH COURT OF APPEAL ISSUES CLEAR GUIDANCE ON THE LAW GOVERNING ARBITRATION AGREEMENTS AND GRANTS ANTI-SUIT INJUNCTION RESTRAINING PARTY FROM PURSUING RUSSIAN COURT PROCEEDINGS

In Enka Insaat ve Sanayi AS v OOO Insurance Co Chubb [2020] EWCA Civ 574, the English Court of Appeal restrained Chubb Russia Investment Limited (“Chubb Russia”) from pursuing Russian court proceedings brought in breach of an arbitration agreement. In this important decision, the Court of Appeal set out how the court of the seat … Read more

COMMERCIAL COURT OVERTURNS INJUNCTION TO PRESERVE ASSETS GRANTED UNDER SECTION 44(3) OF THE ENGLISH ARBITRATION ACT 1996

In the recent decision of Daelim Corporation v Bonita Company Ltd and Others [2020] EWHC 697, the Commercial Court overturned an injunction previously granted under s44(3) of the English Arbitration Act 1996 (the Act). The injunction had amounted to an anti-arbitration injunction which, the Court held, was not necessary for the statutory purpose of preserving … Read more

ENGLISH COURT GRANTS ANTI-SUIT INJUNCTION RESTRAINING FOREIGN PROCEEDINGS IN BREACH OF ARBITRATION AGREEMENT INCORPORATED BY REFERENCE IN BILLS OF LADING

In Seniority Shipping v City Seed Crushing Industries, “Joker”, [2019] EWHC 3541 (Comm), the English Commercial Court granted an anti-suit injunction restraining proceedings brought by City Seed before a Bangladeshi court in breach of an arbitration agreement incorporated by reference in the bills of lading under which the dispute arose (the “Bills of Lading”). The … Read more

ENGLISH COURT REFUSES ANTI-SUIT INJUNCTION AGAINST NON-PARTY TO ARBITRATION AGREEMENT

In Evison Holdings Ltd v International Co Finvision Holdings, Orient Express Bank Public Joint Stock Company [2019] EWHC 3057 (Comm) the English Court dismissed an application for the continuance of an anti-suit injunction against a non-party to an arbitration agreement, which was issued in support of LCIA arbitration proceedings. The anti-suit injunction was ordered based … Read more

English Commercial Court refuses to grant interim injunctive relief requiring a party to withdraw a claim in another jurisdiction

In A v OOO “Insurance Company Chubb” and other companies [2019] EWHC 2729 (Comm), the English Commercial Court (the Court) refused, for various reasons, to consider an application for interim relief. The application sought an order requiring a party to withdraw a claim in the Russian courts and seek a stay of those proceedings. The … Read more