News & Analysis as of

Anti-Suit Injunctions Arbitration Agreements

Mayer Brown

Anti-Suit Injunctions, Arbitration Clauses and (Pro) Active English Courts

Mayer Brown on

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

A&O Shearman

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

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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

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

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

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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

A&O Shearman

Court of Appeal Clarifies Important Issues Regarding Arbitration in London

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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

A&O Shearman

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

A&O Shearman 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

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

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

Robins Kaplan LLP

Arbitration Options Put Global Insurers In The Driver Seat

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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

Latham & Watkins LLP

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

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

Latham & Watkins LLP

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

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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

Latham & Watkins LLP

High Court Flexes its Muscles in Support of LCIA Arbitration

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

Skadden, Arps, Slate, Meagher & Flom LLP

"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

Morgan Lewis

UK Supreme Court Clarifies Power to Restrain Foreign Proceedings

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

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