All posts with the tag: Jurisdiction

In Sloutsker v Romanova, Mr Justice Warby considered the principles for granting an injunction in a publication case where default judgment had already been entered. The claimant was a Russian citizen with strong ties to England. He brought an action against a Russian journalist in respect of a number of defamatory publications which involved allegations … Continue reading Grant of an injunction in a publication case where default judgment has been entered

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 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 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”

On 12 June 2015, the Chancellor of the High Court approved the Chancery Division’s guidance for Masters on the grant of injunctions and other interim relief. This follows the implementation of changes to Practice Direction 2B to the Civil Procedure Rules, which significantly extended the power of High Court Masters and District Judges to grant … Continue reading New guidance for Chancery Masters on the grant of injunctions in light of the changes to Practice Direction 2B

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