ANTI-SUIT INJUNCTIONS IN RESPECT OF RUSSIAN PROCEEDINGS: ENGLISH COURT OF APPEAL APPLIES ENKA V CHUBB AND ALLOWS THE FINAL ANTI-SUIT INJUNCTION IN THE RUSCHEMALLIANCE TRILOGY

In the recent decision in Unicredit Bank GmbH v RusChemAlliance LLC [2023] EWCA Civ 64, the English Court of Appeal (the Court) reversed the decision of the High Court at first instance and granted a final anti-suit injunction (ASI). The ASI requires RusChemAlliance LLC (RCA) to terminate proceedings brought in Russia in breach of an … Read more

IF YOU DON’T ASK, YOU DON’T GET: ENGLISH COURT SETS ASIDE AWARD OF INTEREST ON ARBITRATION AND LEGAL COSTS WHEN NOT CLAIMED, BUT REJECTS FURTHER CHALLENGES TO AWARD

In the recent case of Palmat NV v Bluequest Resources AG [2023] EWHC 2940 (Comm), the English Commercial Court set aside part of an award rendered in an LCIA arbitration under s68 Arbitration Act 1996 (the 1996 Act) that awarded interest to Bluequest Resources AG (Bluequest) on its arbitration and legal costs, despite Bluequest not … Read more

INDIAN SUPREME COURT REVERSES RECENT JUDGMENT AND HOLDS THAT (ALLEGEDLY) UNSTAMPED OR INADEQUATELY STAMPED ARBITRATION AGREEMENTS CANNOT HOLD UP APPOINTMENT OF ARBITRATORS OR PREVENT PARTIES FROM BEING REFERRED TO ARBITRATION

In a welcome decision for commercial parties, the Supreme Court has overruled its own controversial decision from earlier in 2023. The Court held that unstamped or inadequately stamped arbitration agreements are not void or void ab initio or unenforceable. Objections as to stamping are not to be determined by courts in proceedings to refer parties … Read more

INDIAN SUPREME COURT CLARIFIES APPLICABILITY OF THE ‘GROUP OF COMPANIES’ DOCTRINE IN COX AND KINGS LTD. V. SAP INDIA PRIVATE LTD.

In an important development for multi-party and multi-contract arbitration in India, the Indian Supreme Court has clarified the applicability of the ‘Group of Companies’ doctrine (the “Doctrine“) that should be relevant for arbitrations in India. In a clear elucidation of applicable law, the Indian Supreme Court in Cox and Kings Ltd. v. SAP India Private … Read more

TERRAFORM NOT ON TERRA FIRMA – SINGAPORE COURT REFUSES TO STAY CRYPTO CLAIMS IN FAVOUR OF ARBITRATION

Singapore’s High Court has declined to stay a cryptocurrency case in favour of SIAC arbitration. The representative action was brought by users of a Singapore-based cryptocurrency platform, Terraform, following a dramatic decline in value of their tokens. The defendants applied to stay the claims in favour of arbitration. The Court held that, whilst there was … Read more