Cross post: Anti-suit injunctions: High court considers proper approach where facts relevant to jurisdiction disputed

In a recent post on our HSF Litigation notes blog, HSF Partners Andrew Cannon and Sarah McNally and Professional Support Consultant Maura McIntosh consider the High Court decision in Tyson International Company Ltd v GIC Re, India, Corporate Member Ltd [2024] EWHC 236 (Comm). In its decision, the Commercial Court continued an interim anti-suit injunction restraining … Read more

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

NO TWO BITES AT THE CHERRY: SINGAPORE COURT REFUSES RE-LITIGATING JURISDICTION ISSUES UPON ENFORCEMENT APPLYING DOCTRINE OF TRANSNATIONAL ISSUE ESTOPPEL

A rare five-judge bench of the Court of Appeal in The Republic of India v Deutsche Telekom AG [2023] SGCA(I) 10 has confirmed that transnational issue estoppel applies in international commercial arbitration, preventing the parties to a prior decision of the seat court on jurisdiction from re-litigating points previously raised and determined. The Republic of … Read more

ENGLISH HIGH COURT GRANTS ANTI-SUIT AND ANTI-ANTI-SUIT INJUNCTIONS TO RESTRAIN RUSSIAN PROCEEDINGS BROUGHT BY SANCTIONED ENTITIES

In Renaissance Securities (Cyprus) Ltd v Chlodwig Enterprises Ltd & Others [2023] EWHC 2816 (Comm), the English High Court granted an anti-suit injunction (an ASI) to restrain Russian court proceedings brought by sanctioned counterparties. The Russian proceedings were brought in breach of a London seated LCIA arbitration clause, with the intention to benefit from the … Read more

DIFC Court provides further guidance on anti-suit injunctions in respect of “on-shore” Dubai Court Proceedings

Summary Nearly two years after the DIFC Court granted an anti-suit injunction in Multiplex Constructions LLC v Elemec Electromechanical Contracting LLC (which we previously discussed here), it is an established principle that the DIFC Courts will grant anti-suit injunctions where the parties are bound by an arbitration agreement and the seat of the arbitration is … Read more

ENFORCEMENT OF CIETAC AWARD IN HONG KONG STAYED, BUT NOT FOR LONG

Summary In a further decision in the long-running G v X matter (see our previous blog post here), the Hong Kong court has decided to stay enforcement of a CIETAC award pending a challenge to the award at the seat of arbitration in Beijing.  The stay was granted in deference to the jurisdiction of the … Read more