In Republic of Kazakhstan v Istil Group Inc (No 3) – Butterworths Law Direct 21.11.07 the Commercial Court had to consider the effect of overturning a final award. In holding that it was implicit in the judgment overturning the final award that an earlier partial award was also a nullity and so the respondent to the arbitration was not a party to the arbitration clause, the court held that the appropriate remedy was the grant of an antiarbitration injunction to the respondent under s37 of the Supreme Court Act 1981.

Although the judgment does not attempt to formulate the rare circumstances in which the court should restrain a party from pursuing arbitration proceedings, it was found that in this case the further pursuit of the arbitration proceedings would be oppressive, vexatious and unconscionable.