English Court reiterates warning not to delay application for anti-suit injunction, regardless of jurisdictional challenge in the foreign proceedings

In ADM Asia-Pacific Trading PTE Ltd v PT Budi Semesta Satria [2016] EWHC 1427, the English Commercial Court rejected an application for an anti-suit injunction on the basis of undue delay.

This decision mirrors the Court's approach in Ecobank v Tanoh and Essar v Bank of China, which we previously covered here and here. It also reiterates that the Court's discretion to reject an application for an anti-suit injunction is not limited to instances where the delay is unconscionable or has caused prejudice to the respondent.

The judgment confirms, once again, that parties facing foreign proceedings commenced in breach of an arbitration agreement should bring an anti-suit injunction application as soon as possible after receiving notice of the foreign proceedings, regardless of any jurisdictional challenge in the foreign proceedings.

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Head of Global Arbitration Practice Paula Hodges QC appointed Vice President of the LCIA Court

Herbert Smith Freehills’ Global Arbitration Practice is delighted to announce that Paula Hodges QC has been appointed as Vice President of the Court of the London Court of International Arbitration (the LCIA).

Paula is a member of the LCIA’s Board of Directors and has been a member of the LCIA Court since 2012. The LCIA Court’s members are chosen to provide and maintain a balance of leading practitioners in commercial arbitration, from the major trading areas of the world. 

The LCIA Court has an important role in the governance of the LCIA. The LCIA draws on the expertise and experience of the Court members to safeguard its reputation, support the steering of the institution and make strategic decisions as to its development.  The Court is also the final authority for the proper application of the LCIA Rules and its principal duties under the LCIA Rules 1998 and 2014 are the selection and appointment of tribunals, the control of costs and the determination of challenges to arbitrators. Under the LCIA Rules 2014, the LCIA Court also has an important role in deciding whether an emergency arbitrator can be appointed and determining whether multiple arbitrations can be consolidated into a single proceeding.

Paula comments: “I am delighted to be increasing my involvement with the LCIA, a modern and efficient international institution which remains at the forefront of arbitral practice”.

Also appointed to Vice President is EY Park of Kim & Chang.  Audley Sheppard QC of Clifford Chance, who has served as a Vice President since 2011, was reappointed to serve a further term in the role.  Further information about the selection of the next President, Judith Gill QC, the appointment of new Members of the LCIA Court and changes to the LCIA Board of Directors, can be found here.

Paula Hodges QC
Paula Hodges QC
Partner, head of global arbitration practice
+44 20 7466 2027