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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
The High Court has declined to exercise jurisdiction over claims brought by migrant workers against English and Malaysian companies in the Dyson group regarding alleged abusive employment practices by one of Dyson’s suppliers in Malaysia: Limbu v Dyson Technology Ltd [2023] EWHC 2592 (KB). For some time, large multinational corporations have faced claims brought by … Read more
The Law Society of England and Wales has recently launched a new initiative to highlight the attractions of English law and of England and Wales as a leading international legal centre, with key benefits including an independent judiciary, reliable courts and predictable outcomes. Its International Data Insights Report 2023: Global Position of English Law is … Read more
In recent decades, there has been a marked increase in the number of actions brought in the UK and elsewhere based on alleged environmental and human rights-based failings by large multinational corporations. As these claims have developed in the English courts, the typical model is for groups of foreign claimants to allege a UK-domiciled company … Read more
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
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
A recent Supreme Court decision has clarified the English courts’ approach to determining whether a matter falls within the scope of an arbitration agreement for the purposes of deciding whether to grant a stay of court proceedings under section 9 of the Arbitration Act 1996: Republic of Mozambique v Privinvest Shipbuilding SAL [2023] UKSC 32. Section … Read more
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
In recent decades the courts of some countries, including some EU member states, have questioned the validity of asymmetric jurisdiction clauses or have refused to give effect to them. These clauses (also known as unilateral or one-way clauses) give one party greater flexibility as to the forum in which they can bring proceedings. They are … Read more
