All posts with the tag: Anti-suit

In Dell Emerging Markets (EMEA) Ltd and another v IB Maroc.com SA [2017] EWHC 2397 (Comm), the High Court granted an anti-suit injunction preventing the defendant from pursuing foreign proceedings against an affiliated company of the first claimant. Facts The first claimant, Dell UK, entered into an international distribution agreement (“IDA”) with the defendant, IB … Continue reading COURT GRANTS ANTI-SUIT INJUCTION RESTRAINING FOREIGN PROCEEDINGS AGAINST AN AFFILIATED COMPANY

In Aline Tramp SA v Jordan International Insurance Company (CL-2016-000263) and The London Steam-Ship Owners’ Mutual Insurance Association Limited v Jordan International Insurance Company (CL-2016-000264), a Claimant vessel owner and insurer sought anti-suit injunctions, on the basis of an arbitration clause and a purported exclusive jurisdiction clause respectively, where proceedings relating to damaged cargo had … Continue reading Hamburg Rules on jurisdiction not a block to an anti-suit injunction

On 8th September 2016, Mr Justice Arnold handed down his decision in Fujifilm Kyowa Kirin Biologics Co Ltd. v AbbVie Biotechnology Limited and AbbVie Limited, refusing to strike out or summarily judge Fujifim’s claims for an Arrow declaration and anti-suit injunction against AbbVie Bermuda and its UK subsidiary AbbVie UK (collectively “AbbVie”).  The case has … Continue reading High Court refuses to strike out claim for Arrow declaration and anti-suit injunction

In Asia-Pacific Trading Pte Ltd (formerly known as Toepfer International Asia Pte Ltd) v PT Budi Semesta Satria, the High Court held that delay on the part of the applicant could be adequate cause for refusing an anti-suit injunction, even where the respondent acknowledged there was an arguable case that it had breached an arbitration … Continue reading High Court refuses anti-suit injunction based on arbitration clause due to delay

In Mace (Russia) Ltd v Retansel Enterprises Ltd, the Commercial Court discharged a without notice injunction to restrain continuation of Russian arbitration proceedings because of material non-disclosure by the claimant, but it granted a new on-notice injunction as the Russian proceedings were an improper attempt to subvert London arbitration proceedings. Background The claimant had agreed … Continue reading High Court grants anti-suit injunction to prevent Russian arbitration proceedings and clarifies scope of restriction on obtaining interim relief in LCIA Rules

In Shipowners Mutual Protection And Indemnity Association (Luxembourg) v Containerships Denizcilik Nakliyat Ve Ticaret A.S., the Court of Appeal dismissed an appeal by Containerships (the “Charterers”) against an anti-suit injunction restraining proceedings in Turkey against the claimant P&I Club.  The court confirmed that in circumstances where a third party seeks to enforce rights granted under … Continue reading Court of Appeal upholds anti-suit injunction granted against “victim” attempting to take advantage of foreign direct action laws

In Ecobank Transnational Incorporated v Tanoh, the Court of Appeal was asked to consider the Commercial Court’s decision to refuse an anti-enforcement injunction against two foreign judgments. Practical implications This case provides a useful reminder of the factors that will be relevant to the court’s discretion when considering anti-enforcement injunctions. Applicants should be aware of … Continue reading Court of Appeal considers the role of comity and delay in the context of anti-enforcement injunctions

In Ecobank Transnational Inc v Tanoh, the Commercial Court confirmed the court’s power to grant anti-enforcement injunctions as a means to prevent a defendant from enforcing a foreign judgment or award in England.  However, it declined to grant an injunction in this case due to the applicant’s unnecessary delay in seeking to restrain the enforcement … Continue reading High Court confirms courts’ power to grant anti-enforcement injunctions

In Petter v EMC Corporation [2015] EWCA Civ 828, the Court of Appeal has granted an anti-suit injunction to prevent an employee being sued in a foreign court by an associated company of his employer, despite the employee having agreed to that court having exclusive jurisdiction. The Court of Appeal followed its previous decision in … Continue reading Court of Appeal grants anti-suit injunction to prevent an employee being sued in a foreign court

In AmTrust Europe Ltd v Trust Risk Group SpA, the High Court confirmed that the English court has jurisdiction to make an injunction restraining the pursuit of arbitration proceedings, notwithstanding that the seat of that arbitration was is in another jurisdiction.  Such power should, however, only be exercised in exceptional circumstances and with caution. The … Continue reading High Court refuses to grant anti-arbitration injunction