Russia's invasion of Ukraine in 2022 has changed the legal landscape for commercial parties contracting with Russian counterparts in multiple ways. This Legal Insight considers how commercial parties have sought the...more
The US Court of Appeals for the Seventh Circuit stayed a district court’s contempt sanctions relating to an anti-suit injunction violation, finding that the adjudicated infringer had done all it could to withdraw from the...more
In what is believed to be one of the first ever such orders made in the BVI, the BVI Court has granted an urgent anti-suit injunction on American Cyanamid principles to prohibit a Maltese entity ("Malta Co") from pursuing...more
In Deutsche Bank AG v RusChemAlliance LLC [2023] EWCA Civ 1144, the English Court of Appeal granted an anti-suit injunction to restrain Russian court proceedings brought in breach of an agreement to arbitrate in Paris,...more
On May 17, in an apparent case of first impression in the Fourth Circuit, an Eastern District of Virginia (EDVA) judge granted an “anti-suit injunction,” barring a plaintiff from filing suit on a claim in any other...more
In a recent decision, the English High Court has confirmed that injunctive relief cannot be granted against states, notwithstanding that this restriction interferes with Article 6 (Right to a fair trial) of the European...more
On June 8, 2020, Russia enacted Federal Law No. 171-FZ1 (the “Law on Protection from Sanctions”). Under this new statute, a person or entity that is the subject of Russian sanctions can apply to a Russian court for an...more
Fla. Chem. Co., LLC v. Flotek Indus., Inc., C.A. No. 2021-0288-JTL (Del. Ch. Aug. 17, 2021). Under Delaware law, a forum selection clause may be enforceable against a non-signatory if the non-signatory has a significantly...more
The licensing of standard essential patents is a global issue which requires an understanding of the different jurisdictions in play. In this session, participants will gain an understanding of decisions in Unwired Planet v....more
In Enka Insaat ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court unanimously held that, if the parties have chosen a governing law for a contract containing an arbitration clause, this would...more
A clear message to parties that arbitration agreements providing for a DIFC seat must be respected In a landmark decision handed down by His Excellency Justice Shamlan Al Sawalehi in Multiplex Constructions LLC v Elemec...more
The recent anti-suit injunction issued against InterDigital in its SEP litigation with Xiaomi is a somewhat predictable reaction to the recent UK Supreme Court decision against Huawei and ZTE. One of the central arguments...more
The court’s judgment also reaffirms that, where English law is the law of the seat, the English courts generally have jurisdiction to grant anti-suit injunctions to restrain breaches of the arbitration agreement, even where...more
The Hong Kong Court of First Instance has dismissed an application by a British Virgin Islands (BVI) company (C) for an interim anti-suit injunction against proceedings commenced by a Cayman Islands company (D) for the...more
In a judgment dated 2 April 2020, which only recently became available, a Commercial Court judge took the exceptional step of sentencing four absent respondents to prison for contempt of court (Dell Emerging Markets (EMEA)...more
The Court of Appeal has granted an anti-enforcement injunction restraining a US company from taking steps to enforce a US judgment in the US courts where such enforcement exorbitantly interferes with the jurisdiction of the...more
With an uptick in commercial wrangles expected as a result of measures taken to combat Covid-19, England is not alone in seeking to provide a welcoming jurisdiction to deal with such disputes. In this two-part post, we...more
This overview summarises the recent amendments to the Russian Commercial Procedure Code (“Commercial Procedure Code”) relating to disputes involving sanctioned persons. The new law, which comes into effect on 19 June 2020,...more
In its recent decision in Enka v Chubb [2020] EWCA Civ 574,1 the Court of Appeal strongly endorsed the English courts' power to grant anti-suit injunctions restraining foreign proceedings brought in breach of an arbitration...more
The English Court of Appeal has granted an anti-suit injunction in favour of our client ENKA Insaat ve Sanayi AS restraining an entity in the Chubb insurance group from pursuing proceedings commenced in the Russian courts in...more
The English High Court (Andrew Baker J) has refused to hear an application for an anti-suit injunction to restrain proceedings in Russia allegedly in breach of an arbitration agreement. The court concluded that it was not an...more
On 11 July 2019, the Munich I District Court (Landgericht) issued an anti-suit injunction in patent litigation, preventing an automotive company from further pursuing proceedings in the United States. The Munich decision...more
In a decision that underscores the Singapore courts’ pro-arbitration approach, the Singapore Court of Appeal recently allowed an appeal against a decision ordering a permanent restraint against the respondent relying on a...more
The Commercial Court in London recently granted an anti-suit injunction in order to halt Lebanese legal proceedings brought in breach of an English arbitration agreement: Perkins Engines Company Ltd v. Ghaddar [2018] EWHC...more