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Clifford Chance | United Kingdom | 30 Nov 2023
English courts' willingness to grant anti-suit injunctions in support of foreign-seated arbitration
In G v R, the Commercial Court rejected an application for final anti-suit relief regarding Russian court proceedings that had been commenced in breach of an arbitration agreement providing for arbitration seated in Paris. Although, in this case the Court declined to grant an antisuit injunction in favour of a foreign-seated arbitration, other recent cases have shown the English courts'......
RPC | United Kingdom | 19 Sep 2023
High Court refuses to grant anti-suit injunction in support of French-seated ICC arbitration
The High Court has refused to grant an anti-suit injunction (ASI) in support of an International Chamber of Commerce (ICC) arbitration seated in France. The decision in SQD v QYP underlines that parties should ensure that arbitrations are seated in England or another jurisdiction that issues ASIs to mitigate the risk that a party may commence parallel proceedings in a state court.
Cecil Abraham & Partners | Malaysia | 7 Sep 2023
Arbitration agreements in Malaysia: enforcement update
This article provides an update on a previous article "Arbitration agreements in Malaysia: enforcement". The Court of Appeal in Damai City Sdn Bhd v MCC Overseas Sdn Bhd and other appeals most recently extended the application of the principle in Jaya Sudhir to the Court's powers to grant interim measures under section 11(1) of the Arbitration Act.
Fried Frank Harris Shriver & Jacobson LLP | United Kingdom | 1 Sep 2023
English Court of Appeal refuses narrow interpretation of anti-suit injunction
A majority of the Court of Appeal rejected an appeal against a finding of contempt after a party had intervened in Italian proceedings in order to…
Herbert Smith Freehills LLP | United Kingdom, USA | 13 Jul 2023
Anti-suit injunction granted to protect English domiciled employee’s right to be sued only in English court and prevent US employer suing in New York
The English High Court has granted an anti-suit injunction to prevent a US employer continuing New York proceedings against an English-domiciled…
Shearn Delamore & Co | Malaysia | 29 Mar 2023
Courts determine existence of arbitration agreement following breach of bunker fuel supply contract
The appellant and respondent entered into a supply contract for a supply of bunker fuel in which the appellant was to supply fuel for a vessel owned by the respondent. Following the appellant's failure to deliver the bunkers free of claims and encumbrances, the respondent proceeded to file an action in the High Court for breach of the supply contract. The appellant applied for a stay of......
RPC | United Kingdom | 21 Mar 2023
1782 applications: a green light from the English court?
The Court of Appeal has decided not to restrain an application under 28 US Code section 1782 seeking documents from a third party in the United States, even though the disclosure of such documents may not be ordered by an English court. The 1782 application procedure provides litigants and potential litigants with a powerful tool to gather evidence about individuals and entities with......
Herbert Smith Freehills LLP | USA | 2 Mar 2023
Court of Appeal confirms refusal of anti-suit injunction to restrain US s.1782 discovery application in libel proceedings
The Court of Appeal has upheld a decision refusing to grant an anti-suit injunction to restrain a US s.1782 discovery application seeking evidence in…
Crowell & Moring LLP | China, European Union | 20 Dec 2022
EU Challenges China’s Anti-Suit Injunctions at the WTO
The European Union has filed a legal challenge before the World Trade Organization against China’s use of “anti-suit injunctions” (ASIs) to restrict…
Herbert Smith Freehills LLP | European Union, United Kingdom | 2 Dec 2022
Anti-suit injunction granted restraining proceedings in an EU member state
The Commercial Court has granted an anti-suit injunction restraining Belgian proceedings brought in breach of an exclusive English jurisdiction…
