Topic: Anti-suit injunction

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of an EU investor’s Energy Charter Treaty claim – but for the time being has refused to recommend that the suit be withdrawn.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

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

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

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

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

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

The Federal Court of Australia has ruled that litigation between an Australian food and beverage group and a US farmers’ cooperative over the licensing of almond milk products should be stayed in favour of an ICDR arbitration in California.

17 March 2021

A Haitian government agency has asked a US court to stay a US$94 million ad hoc arbitration brought by a supplier of petroleum products, arguing that the disputes provisions in their contracts are invalid under Haitian law.

10 March 2021

A London judge has granted an “unusual anti-suit injunction” blocking court proceedings brought by a company that had already filed for ICC arbitration in the United Arab Emirates, purportedly to preserve an asset freeze.

30 November 2020

The UK Supreme Court has dismissed an appeal brought by the Russian arm of the insurance company Chubb, holding that where there is no law chosen to govern the contract or the arbitration agreement, the law governing the latter would be the law of the seat – in this case, English law.

09 October 2020