All posts with the tag: Anti-suit

In considering an application to continue an anti-suit injunction restraining proceedings brought in China where arbitral proceedings were afoot, the Commercial Court has confirmed in Southport Success SA v Tsingshan Holding Group Co Ltd that the power to grant an anti-suit injunction under section 37 of the Senior Courts Act 1981 (“section 37 SCA”) is … Continue reading Power to grant anti-suit injunctions where arbitration afoot

The Commercial Court has granted an anti-suit injunction against a claimant in Ardila Investments NV v ENRC NV and another. The case concerned a dispute regarding payment obligations arising from a share purchase agreement (“SPA”) which contained a non-exclusive jurisdiction clause in favour of the English courts. Ardila had sought payment from ENRC of US$220 million … Continue reading Commercial Court grants anti-suit injunction where “vexatious interference with the due process of the court”

In SwissMarine Corporation Ltd v OW Supply & Trading A/S (in bankruptcy) the Commercial Court has rejected an application for an anti-suit injunction and ruled that proceedings brought regarding the applicability of foreign (here Danish) insolvency regimes to a contractual relationship will not constitute proceedings brought in relation to the rights and obligations that the … Continue reading Anti-suit injunctions and foreign insolvency proceedings

In Petter v EMC Europe Ltd and another, Mr Justice Cooke refused to grant an anti-suit injunction restraining the defendant from continuing proceedings before the US court, even though he found that the English court also had jurisdiction over the dispute under the provisions relating to employment contracts in the Recast Brussels Regulation. The facts … Continue reading Court refuses anti-suit injunction to restrain US proceedings where English court also has jurisdiction under Recast Brussels Regulation

The Court of Justice of the European Union (“CJEU”) has published its much-anticipated judgment in the Gazprom case. It confirmed that under the arbitration exclusion in the original Brussels Regulation, that Regulation does not compel the courts of an EU Member State to refuse to enforce an arbitral award which contains an anti-suit injunction. Although … Continue reading CJEU finds anti-suit injunctions in arbitral awards compatible with the Brussels Regulation

In Spliethoff’s Bevrachtingskantoor BV v Bank of China Limited, the Commercial Court confirmed it had no residual discretion to refuse to enforce Chinese judgments in England where the claimant had submitted fully to the Chinese jurisdiction, even where the judgments had been obtained in breach of arbitration clauses and anti-suit injunctions. Facts The claimant entered … Continue reading No residual discretion as to whether a foreign judgment should be enforced following submission to the foreign jurisdiction

In Impala Warehousing and Logistics (Shanghai) Co Ltd v Wanxiang Resources (Singapore) Pte Ltd, the High Court held that the fact that a judgment would not be enforceable in a particular foreign country could sometimes constitute a strong reason not to grant an anti-suit injunction. The case concerned an alleged major fraud whereby goods stored … Continue reading Unenforceability in a particular country may be a “strong reason” not to grant an anti-suit injunction

In Stichting Shell Pensioenfonds v Krys and another (British Virgin Islands) [2014] UKPC 41, the Privy Council considered the question of whether, when a company is being wound up in the jurisdiction where it is incorporated, an anti-suit injunction should be issued to prevent a creditor from pursuing proceedings in another jurisdiction which are calculated … Continue reading Anti-suit injunctions in insolvency proceedings

In Shipowners’ Mutual Protection and Indemnity Association (Luxembourg) v Containerships Denizcilik Nakliyat Ve Ticaret AS, the Commercial Court continued an anti-suit injunction restraining the defendant charterers from commencing or continuing proceedings in Turkey against the claimant P&I Club, in breach of a London arbitration clause in the insurance contract between the Club and the owners … Continue reading Anti-suit injunction granted against “victim” attempting to take advantage of foreign direct action laws

On 4 December 2014, Advocate General Wathelet of the Court of Justice of the European Union delivered an Opinion in the Gazprom case to the effect that the Brussels Regulation does not compel the courts of an EU Member State to refuse to enforce an arbitral award which contains an anti-suit injunction on the basis … Continue reading Advocate General’s Opinion in the Gazprom case: implications of the Recast Brussels Regulation for anti-suit injunctions in arbitral awards