News & Analysis as of

Anti-Suit Injunctions

Arbitration Options Put Global Insurers In The Driver Seat

by Robins Kaplan LLP on

Globalization of the insurance market has seen an increase in the use and enforcement of international arbitration agreements in insurance policies. When tragedy strikes or loss occurs, insurers have a variety of options to...more

Bankruptcy Court Holds Bermuda Insurers Violated Barton Doctrine By Seeking Anti-Suit Injunctions In Bermuda Courts

by Carlton Fields on

Two separate courts in the Southern District of New York have recently issued opinions relating to a complicated bankruptcy proceeding following the collapse of MF Global Holdings Ltd. in 2011. The underlying dispute involves...more

Do Not Delay! The Early Bird Catches the Anti-Suit Injunction

by Latham & Watkins LLP on

The recent case of ADM Asia-Pacific Trading PTE Ltd v PT Budi Semesta Satria [1] illustrates the need for parties to act promptly and carefully when faced with proceedings contrary to an arbitration agreement. The court...more

Delaware Chancery Court Finds That Anti-Suit Injunction Bars Trustee Under Reinsurance Trust Agreement From Pursuing Third-Party...

by Carlton Fields on

Freestone Insurance Company is a Delaware-domiciled insurer that has been placed in liquidation. U.S. Bank National Association served as the trustee under a reinsurance trust agreement (the “Trust Agreement”) between...more

Brexit: How a Departure from the European Union Could Impact Your Dispute in the United Kingdom

by Kobre & Kim on

If the United Kingdom (UK) votes to depart from the European Union (EU), the potential impact on litigation in the UK ranges from profound to negligible. Some UK laws owe their existence to direct European legislation, and...more

New York Enforcement Update

by King & Spalding on

New York has long been a critical enforcement venue for parties holding unsatisfied arbitral awards and/or judgments. New York is the financial capital of the United States, and that reality, coupled with the state’s expert...more

Direct claims against insurers and anti-suit injunctions

by Reed Smith on

In Shipowners’ Mutual Protection & Indemnity Association (Luxembourg) -v- Containerships Denizcilik Nakliyat ve Ticaret AS (The “Yusuf Cepnioglu”) [2016] EWCA Civ. 386, the Court of Appeal considered the juridical nature of a...more

Difficulties for witnesses or strong connection with another jurisdiction not grounds for resisting arbitration agreement

by Latham & Watkins LLP on

In circumstances where the parties have already chosen arbitration as a means of settling disputes, the English courts will give short shrift to arguments focused on practical difficulties in providing witness evidence or on...more

High Court Flexes its Muscles in Support of LCIA Arbitration

by Latham & Watkins LLP on

The English High Court has again demonstrated its willingness to exercise supervisory jurisdiction in support of arbitration proceedings by granting an anti-suit injunction and a freezing order against a party which started...more

Locke Lord Article: Enforcing US Stock and Bonus Plan Provisions Against UK Executives

by Locke Lord LLP on

Summary - Key UK Court of Appeal decision highlights the difficulty in enforcing US choice of law provisions within stock or bonus plans against UK based executives. The Issue - It is not unusual for US...more

Ruling on UK Executive’s Lawsuit Involving U.S.-Based Stock Option Plan

by McDermott Will & Emery on

English executives employed by multinational companies often have a contract of employment with the company’s UK subsidiary, but may also participate in a separate bonus or share option plan that contains foreign (e.g., U.S.)...more

Court of Appeal Grants Anti-Suit Injunction

by Faegre Baker Daniels on

In the case of Petter v EMC Corporation [2015] EWCA Civ 828, the Court of Appeal has granted an injunction restraining non-compete proceedings in the U.S. In doing so, it overturned the High Court’s decision that we reported...more

Ninth Circuit Upholds Judge Robart’s RAND Determinations in Microsoft v. Motorola

by Mintz Levin on

Late last month, the Ninth Circuit Court of Appeals issued its much-anticipated decision in Microsoft v. Motorola, a breach of contract action brought by Microsoft alleging that Motorola violated its commitment to license its...more

"Irreconcilable Clash" of Jurisdictions

by Faegre Baker Daniels on

James Petter was a U.K.-based senior employee of the U.K. subsidiary of a U.S. company. As part of his compensation package, he was awarded restricted stock units (RSU) under the U.S. parent’s plan. The plan contained an...more

Courts in New York and Singapore Reach Opposite Conclusions on the Validity of Interpleader Applications Arising out of the OW...

by Reed Smith on

On 7 November 2014, OW Bunker A/S (“OW”), a global supplier and trader of marine fuel, filed for bankruptcy in Denmark. Further bankruptcies of OW subsidiaries and affiliates swiftly followed, including the bankruptcy of...more

Anti-suit injunctions, OW Bunker and ISDA Master Agreements

by Reed Smith on

Anti-suit injunctions, OW Bunker and ISDA Master Agreements SwissMarine Corporation Limited v O.W. Supply & Trading A/S (in bankruptcy) [2015] EWHC 1571 (Comm) - The Commercial Court has recently refused to grant an...more

Seventh Circuit Says No to Anti-Suit Injunction Pending Final Approval of Settlement

by Seyfarth Shaw LLP on

The Seventh Circuit recently weighed in on the circuit split over whether a federal court, after preliminarily approving a class action settlement but before final approval, may enjoin class members from pursuing litigation...more

North River Ins. Co. v. Mine Safety Appliances Co., — A.3d —, 2014 WL 5784588 (Del. 2014)

by Morris James LLP on

Mine Safety Appliances Company (“MSA”), a safety appliances company, faced a multitude of personal injury claims due to alleged defects in its safety equipment. MSA, in turn, sought costs, including legal fees, costs of...more

February 2014: London Litigation Update

Parallel Judicial Proceedings in Europe: “The Alexandros T” [2013] UKSC 70. In a landmark decision, the U.K. Supreme Court has provided parties with a meaningful way to discourage opponents from commencing proceedings in the...more

"Litigants Continue to Use 'Anti-Suit Injunctions' to Protect Their Arbitration Rights"

Courts occasionally are asked to intervene in a pending arbitration and exercise their injunctive powers. In some cases, litigants seek to have the courts aid the arbitral process by stopping foreign proceedings that...more

December 2013: Russian Litigation Update

Russian Courts on Anti-Suit Injunctions. More than a year ago Anton Ivanov, the Chairman of the Supreme Arbitrazh Court, openly criticized foreign anti-suit injunctions affecting Russian proceedings as an example of “unfair...more

An alternative to the anti-suit injunction? Supreme Court considers ability to obtain damages for EU proceedings brought in...

by White & Case LLP on

In the landmark decision Alexandros T [2013] UKSC 70, the Supreme Court has held that, where parties have agreed that disputes between them will be resolved exclusively by the English courts, a party can seek damages for...more

Anti-suit injunctions: No arbitration? No worries

by DLA Piper on

The UK Supreme Court has confirmed the jurisdiction of the senior courts to grant anti-suit injunctions to restrain parties from commencing foreign court proceedings in breach of an arbitration agreement in circumstances...more

UK Supreme Court Clarifies Power to Restrain Foreign Proceedings

by Morgan Lewis on

Court holds that English courts may grant an anti-suit injunction when foreign proceedings are brought in violation of an English law arbitration agreement, even where no arbitration is contemplated or underway....more

Supreme Court confirms English courts can grant injunctions to protect arbitration agreements, even absent a current or...

by White & Case LLP on

The Supreme Court yesterday confirmed that, even where no arbitration is contemplated or afoot, English courts can grant an anti-suit injunction protecting an English law agreement to arbitrate (AES Ust-Kamenogorsk LLP v....more

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