Topic: Anti-suit injunction

Tribunal refuses to stay treaty case after “unprecedented” injunction

An UNCITRAL tribunal has refused to stay an Indian investor’s US$156 million treaty claim against Mozambique based on an “unprecedented” anti-arbitration injunction issued by an ICC tribunal hearing a related contractual case between the parties.

19 December 2022

Stockholm panel decides Uzbek gas dispute

A Stockholm Chamber of Commerce arbitration relating to a gas project in Uzbekistan that saw claims and counterclaims totalling around US$350 million has ended with an award worth less than US$2 million in favour of a subsidiary of Russia’s Lukoil.

28 November 2022

DIFC court refuses to injunct onshore lawsuit

A court in the Dubai International Financial Centre has refused to restrain a Dubai contractor from pursuing litigation in the emirate’s onshore courts, despite arguments it is in breach of an agreement to arbitrate in the DIFC.

25 October 2022

Dispute over Nigerian oil field loan must be arbitrated

An English court has ordered a Nigerian energy conglomerate to fight its dispute over a US$1.7 billion oil field debt in ICC arbitration, finding a group of lenders did not waive their right to arbitrate by appealing a Nigerian court ruling.

06 April 2022

ICSID panel won’t call halt to anti-arbitration suit

An ICSID tribunal has expressed its “grave concern” at the Netherlands’ decision to seek a German court declaration as to the admissibility of an EU investor’s Energy Charter Treaty claim – but for the time being has refused to recommend that the suit be withdrawn.

14 March 2022

Existence of sanctions justifies anti-arbitration injunctions in Russia

The Russian Supreme Court has ruled for the first time that sanctioned Russian parties need not prove that sanctions have actually impeded their access to justice to obtain an injunction restraining a foreign arbitration. Timur Aitkulov and Galina Valentirova of Aitkulov & Partners in Moscow report.

13 January 2022

Singapore injunction upheld against matrimonial website founder

A court in Singapore has upheld an anti-suit injunction against the co-founder of a well-known Indian matrimonial and matchmaking website – apparently the first time a Commonwealth court has ruled on which law applies when determining if a dispute is arbitrable at the pre-award stage.

11 November 2021

Sanctions and anti-arbitration injunctions in Russia

Lawyers from Aitkulov & Partners report on a Russian Supreme Court case that may make it easier for Russian parties facing sanctions to obtain injunctions restraining arbitrations abroad.

05 October 2021

Sanctioned Russian entity fails to restrain SCC case

The Russian Supreme Court has refused to restrain a Stockholm Chamber of Commerce arbitration on the basis of recent legislation providing for the exclusive jurisdiction of Russia’s courts over disputes involving sanctioned Russian parties.

14 June 2021

English court restrains Armenian suit over mining venture

A Russian state-owned bank has obtained an English anti-suit injunction to restrain an Armenian businessman from pursuing litigation in his home country in a US$320 million dispute over a mining project.

25 May 2021

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