High Court grants anti-suit and anti-anti-suit injunctions to restrain Russian proceedings brought by sanctioned parties

The High Court has granted an anti-suit injunction (ASI) to restrain sanctioned counterparties from bringing Russian court proceedings, in breach of a London seated LCIA arbitration clause, in order to benefit from the Russian law which allows the Russian courts to take exclusive jurisdiction over cases involving sanctions. It also granted an anti-anti-suit injunction (AASI) … Read more

Litigation funders not required to fortify cross-undertakings in dispute over enforceability of funding agreement

The High Court has refused to order two litigation funders to provide fortification for cross-undertakings in damages given in relation to asset freezing/preservation orders they had obtained over settlement proceeds in funded litigation: Omni Bridgeway (Fund 5) Cayman Invt Ltd v Bugsby Property LLC [2023] EWHC 2755 (Comm). The decision arose in a dispute between … Read more

Commercial litigation podcast series – Episode 21: General update

In this 21st episode of our series of commercial litigation update podcasts, we look at developments relating to litigation funding since the Supreme Court’s dramatic decision in Paccar in late July, as well as brief updates on ADR, pre-action conduct and costs. We also discuss developments relating to Russian sanctioned parties, and the disqualification proceedings … Read more

Trilogy of decisions shows English courts’ approach to granting anti-suit injunctions in support of foreign-seated arbitrations

The Court of Appeal and High Court have, in two separate cases, granted anti-suit injunctions (ASIs) restraining a Russian party from bringing proceedings in Russia in breach of an arbitration clause in an English law governed contract, despite the seat of arbitration being in Paris. In a third similar case, where the arbitration agreement was … Read more

Anti-suit injunction granted to protect English-domiciled employee’s right to be sued only in English court and prevent US employer suing in New York

The English High Court has granted an anti-suit injunction to prevent a US employer continuing New York proceedings against an English-domiciled employee in a dispute about entitlement to bonus payments: Gagliardi v Evolution Capital Management LLC [2023] EWHC 1608 (Comm). The decision shows that an English court will ordinarily grant an anti-suit injunction to protect … Read more

English court orders crypto exchange to transfer assets into England and Wales to facilitate enforcement of judgment

The English High Court has ordered a cryptocurrency exchange (Huobi) to transfer into the jurisdiction a defendant’s cryptocurrency held outside the jurisdiction to facilitate the claimant’s efforts to enforce its judgment against those assets. Under the court’s order, the cryptocurrency is first to be converted into fiat currency and then transferred to the Court Funds … Read more

Commercial litigation podcast series – Episode 19: General update

In this 19th episode of our series of commercial litigation update podcasts, we look at developments in a range of areas, including environmental litigation, privilege, class actions, claims against cryptocurrency exchanges, and force majeure. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Julian Copeman, … Read more