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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
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
The Hong Kong Court recently considered in G v X, GMCI, GMCC [2022] HKCFI 829 whether a freezing order granted in support of the enforcement of a CIETAC arbitral award ought to have been granted. The freezing order was opposed on the basis that there was material non-disclosure and that there was no good arguable … Read more
In 2013 the English Court introduced provisions into section O of the Commercial Court Guide designed to deter parties from mounting “speculative” challenges of arbitral awards on the grounds of serious irregularity under s68 of the Arbitration Act 1996 (the Act) (see our blog post here). Small additional changes were also made in 2017. Yesterday … Read more
The English Court of Appeal (the Court) has recently decided a key question of shipping law in The Eternal Bliss [2021] EWCA Civ 1712, following an appeal from the decision of the High Court. The question arose last year before the High Court following the parties to an arbitration bringing an application under s45 Arbitration … Read more
This analysis was first published on Lexis®PSL on 29 October 2021 and can be found here (subscription required). Ivan Teselkin, partner, Maria Dolotova, of counsel, Alexander Gridasov, senior associate, and Sergei Eremin, senior associate, of Herbert Smith Freehills provide an overview of Russian court decisions on the impact of recent amendments to Russian law relating … Read more
In the recent case of AIG Europe SA and others v John Wood Group Plc and another [2021] EWHC 2567 (Comm), the High Court (the Court) maintained certain anti-suit injunctions granted in favour of a number of insurers who subscribed to various excess liability policies, two of which contained a valid arbitration clause. The Court … Read more
In Vertex Superieur Sdn Bhd & Anor v Shell Malaysia Trading Sdn Bhd (Civil Suit No. BA-22C-5-03/2020), the Malaysian High Court refused to stay court proceedings brought in breach of an arbitration agreement on the basis that it was in the public interest that allegations by a non-signatory that an underlying contract was procured by … Read more
In Manchester City Football Club Ltd v Football Association Premier League Ltd and others [2021] EWCA Civ 1110, the English Court of Appeal considered whether to order the publication of a High Court judgment that rejected challenges to an arbitral award under sections 67 and 68 of the English Arbitration Act. Weighing the factors militating … Read more
