All posts with the tag: Arbitration

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 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

The freeze jurisdiction of the English Court is wide and claimant-friendly. That has led to a trend in recent years of an exploration of the outer limits of the jurisdiction by claimants seeking to gain its benefits. Cruz City 1 Mauritius Holdings is another example of this exploration. The question was whether the Chabra jurisdiction … Continue reading Exploring the limits of the Chabra jurisdiction in arbitration cases

In U&M Mining Zambia v Konkola Copper Mines, the Commercial Court continued a worldwide freezing injunction in support of sums awarded by a London arbitration tribunal despite “serious and numerous” breaches of the claimant’s duty to give full and frank disclosure. Mr Justice Teare considered that the nature of the breaches suggested that the appropriate … Continue reading Worldwide freezing order in support of arbitral award continued despite “serious and numerous” breaches of duty to give full and frank disclosure

In AB v CD, the Court of Appeal held that a party which applies for an interim injunction to prevent a breach of contract may argue that damages will not constitute an adequate remedy where there are contractual terms which exclude or limit liability for loss that would be caused by such a breach.  The … Continue reading Whether damages constitute an adequate remedy where there is a contractual provision limiting damages