All posts with the tag: Arbitration

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

The High Court’s recent decision in Gerald Metals SA v Timis and others may make the concept of emergency arbitration less attractive to parties.  The decision suggests that a party will not be able to seek emergency relief from the courts where the system of rules set out in an arbitration agreement provides for emergency … Continue reading Risk that court sanctioned injunctive relief may not be available where emergency arbitrators are available

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 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

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

In Jacobs E&C Limited v Laker Vent Engineering Ltd, the High Court considered the interaction between two applications which had been made to the court in respect of a dispute which was subject to arbitral proceedings: an application for an interim mandatory injunction in support of arbitration under sections 44(2)(e) and 44(3) of the Arbitration … Continue reading Interaction between applications for an interim mandatory injunction and for a stay of proceedings under the Arbitration Act 1996

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