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Anti-Suit Injunctions

Walkers

BVI Court grants anti-suit injunction

Walkers on

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

White & Case LLP

Ask, and you shall receive – English Court of Appeal grants anti-suit injunction in support of foreign arbitration

White & Case LLP on

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

Troutman Pepper

EDVA Judge Grants Rare Anti-Suit Injunction

Troutman Pepper on

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

Dechert LLP

State immunity: the English court upholds prohibition on injunctive relief against states

Dechert LLP on

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

Shutts & Bowen LLP

Russian law says “no” to foreign arbitration proceedings against sanctioned Russian individuals and companies

Shutts & Bowen LLP on

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

Morris James LLP

Chancery Grants Anti-Suit Injunction, Holds Non-Signatory Subsidiary is Bound by Stock Purchase Agreement’s Forum Selection Clause

Morris James LLP on

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

Robins Kaplan LLP

[Webinar] Navigating Unique Challenges Of Cross-Border Standard Essential Patent and FRAND Litigation: What Patent Holders and...

Robins Kaplan LLP on

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

Allen & Overy LLP

Governing law of an arbitration agreement: Supreme Court Enka v Chubb

Allen & Overy LLP on

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

King & Spalding

DIFC Courts Grant First Ever Anti-Suit Injunction

King & Spalding on

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

Mintz - Intellectual Property Viewpoints

The Art of An SEP War: A Chinese IP Court’s Recent Use of Anti-Suit Injunction Invites A Battle that It Likely Won’t Win

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

Hogan Lovells

Enka v Chubb: Supreme Court decision promotes certainty and enforceability

Hogan Lovells on

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

Hogan Lovells

Hong Kong Court refuses to grant an anti-suit injunction to stay a winding-up petition where an arbitration agreement existed

Hogan Lovells on

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

Hogan Lovells

Hong Kong Court refuses to grant an antisuit injunction to stay a winding-up petition where an arbitration agreement existed

Hogan Lovells on

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

Orrick, Herrington & Sutcliffe LLP

COVID-19 UK: Litigation – Court sentences directors in their absence for breaches of anti-suit injunctions - Update

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

White & Case LLP

Anti-enforcement injunctions: Court of Appeal protects its jurisdiction over English assets

White & Case LLP on

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

Proskauer - Minding Your Business

UK Arbitration H1 2020: 6 Months and 6 Key Messages from the English Courts, Part 1

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

White & Case LLP

Sanctions-related amendments to the Russian Commercial Procedure Code

White & Case LLP on

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

White & Case LLP

Court of Appeal confirms power of English Courts to grant anti-suit injunctions in support of London-seated arbitrations,...

White & Case LLP on

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

Shearman & Sterling LLP

Court of Appeal Clarifies Important Issues Regarding Arbitration in London

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

Allen & Overy LLP

Arbitration: English seat does not guarantee English governing law and anti-suit injunction

Allen & Overy LLP on

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

McDermott Will & Emery

German Court Issues First-Ever Anti-Suit Injunction

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

Morgan Lewis

Singapore Court Overturns Anti-Suit Injunction Due to Delay in Application

Morgan Lewis on

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

Dechert LLP

Commercial Court in London Grants Anti-Suit Injunction for Breach of Arbitration Agreement

Dechert LLP on

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

Latham & Watkins LLP

English Court Cannot Issue Anti-Suit Injunctions Restraining Other EU Court Proceedings

Latham & Watkins LLP on

Judgement clarifies that the Brussels Recast Regulation does not reverse the West Tankers decision. In Nori Holdings v Bank Otkritie, Justice Males in the High Court issued an anti-suit injunction to restrain court...more

Bracewell LLP

When is a Seat not a Seat? English High Court grants anti-suit injunction preventing the challenge of an arbitral award in...

Bracewell LLP on

The recent English High Court decision in Atlas Power Ltd -v- National Transmission and Despatch Co Ltd [2018] EWHC 1052 concerns a number of power purchase agreements entered into by Pakistani independent power producers and...more

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