All posts with the tag: Foreign Proceedings

On 17 July 2014, the European Account Preservation Order (“EAPO”) Regulation came into force.  It will apply in EU Member States except the UK and Denmark from 18 January 2017.  The EAPO is intended to provide an alternative to domestic remedies and permit creditors in one participating Member State to freeze the assets of debtors … Continue reading The European Account Preservation Order

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

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 Ras Al Khaimah Investment Authority and others v Bestfort Development LLP and others, the High Court gave guidance on the procedure when applying for interim relief (here, a freezing injunction) in support of foreign proceedings under section 25 of the Civil Jurisdiction and Judgments Act 1982 (“s. 25”). The main question was whether a claim … Continue reading High Court gives guidance on the procedure for applying for an injunction in support of foreign proceedings

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

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