Anti-suit injunction refused for EU proceedings but granted for non-EU proceedings

In a recent decision, the High Court refused to grant an anti-suit injunction to restrain Cypriot court proceedings brought in breach of an arbitration clause, but granted an injunction in respect of Russian proceedings: Nori Holdings Limited et al v PJSC Bank Okritie Financial Corporation [2018] EWHC 1343 (Comm).

The court found that there was nothing in the Recast Brussels Regulation (Council Regulation 1215/2012) to cast doubt on the continuing validity of the decision in West Tankers Inc v Allianz SpA (Case C-185/07) [2009] AC 1138. An anti-suit injunction directed at an EU Member State court’s proceedings, while not itself within the scope of the Regulation, undermines the effectiveness of the Regulation and is, therefore, prohibited.

At the same time, the court found alleged Russian mandatory jurisdictional rules referring an insolvency dispute to the Moscow Arbitrazh Court insufficient to displace the wide and general wording of an arbitration clause, with the result that it granted an anti-suit injunction in relation to the Russian proceedings.

For more information see this post on our Arbitration Notes blog.

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