In the recent case of VTB Bank (PJSC) v Mejlumyan [2021] EWHC 718 (Comm), the English High Court granted an interim anti-suit injunction on a without notice basis. The anti-suit injunction application arose in relation to Armenian foreign proceedings under a share pledge agreement that contained an arbitration agreement providing for London seated arbitration. The … Read more

Welcome to the eleventh issue of Inside Arbitration. We are delighted to share with you the latest, new look issue of this publication from Herbert Smith Freehills’ Global Arbitration Practice. Read more

The Gujarat High Court (the “Court”) recently handed down a significant decision in GE Power Conversion India Private Limited v. PASL Wind Solutions Private Limited, Arbitration Petition No. 131 and 134 of 2019, confirming that two Indian parties are permitted to choose a foreign seat of arbitration, and that the award from such an arbitration … Read more

For the first time, the Courts of the Dubai International Financial Centre (“DIFC”) have issued an anti-suit injunction in favour of a party to pending DIFC-LCIA arbitration proceedings restraining the Defendant from pursuing litigation proceedings in the “onshore” Dubai courts (the local courts outside the economic free zones within the Emirate of Dubai). The decision … Read more

The UK Supreme Court has handed down its judgment in Halliburton Company (Appellant) v Chubb Bermuda Insurance Ltd [2020] UKSC 48, which is the most significant decision on English arbitration law in nearly a decade. The Halliburton judgment is now the leading English law case on arbitrator conflicts. Importantly, the decision has clarified how apparent … Read more

In the recent decision in The Eternal Bliss [2020] EWHC 2327 (Comm), the English High Court (the “Court”) determined a point of law regarding liquidated damages in the context of a standard form shipping contract. This followed the referral to the Court by the parties under s45 Arbitration Act 1996 (the “Act”) of two questions … Read more

The long-running case of Xiamen Xinjingdi Group Co Ltd v Eton Properties Limited and Others [2020] HKCFA 32 finally came to an end when the Court of Final Appeal (the CFA) handed down its decision on 9 Oct 2020. In the judgment, the CFA clarifies that in a common law enforcement action on an arbitral … Read more

In Riverrock Securities Limited v International Bank of St Petersburg (Joint Stock Company) [2020] EWHC 2483 (Comm) the High Court granted Riverrock Securities Limited (“RSL”) an interim anti-suit injunction against bankruptcy proceedings brought against RSL by the receiver of the International Bank of St Petersburg (“IBSP”) (the Bankruptcy Proceedings). Read more