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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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