Clik here to view.
Supreme Court confirms broad use of anti-suit injunctions to support arbitration
The UK Supreme Court confirmed on 13 June the broad use of anti-suit injunctions in Ust-Kamenogorsk. I have reported earlier (e.g. here) on the tension between the common law and the ECJ over the use...
View ArticleClik here to view.
Anti-suit injunctions and the Insolvency Regulation – The High Court (and the...
At least until late 2008, Mr Kemsley was a very wealthy individual. On 25 June 2008, Barclays granted him a personal loan of £5 million on an unsecured basis. The loan was repayable after a year but...
View ArticleClik here to view.
The Supreme Court considers ‘sharp practice’ vs torpedoes in The Alexandros
In the case of the Alexandros T, the UK Supreme Court had to consider the impact on UK proceedings, opened in response to proceedings in Greece, in a dispute in which the insurers of the ship were...
View ArticleClik here to view.
It’s not the grammar, stupid! The High Court in Anchorage on exclusive (or...
In Anchorage (BNP Paribas v Anchorage Capital Europe et al). a bank and a hedge fund are at odds as to whether a handful of instant message communications resulted in a binding contract or contracts...
View ArticleClik here to view.
Should arbitral anti-suit injunctions follow the West Tankers fate?...
In Case C-536/13 Gazprom, the Lithuanian Supreme Court has challenged the ECJ to specify the limits (or not) of its findings in West Tankers – on which I have reported extensively elsewhere. The Court...
View ArticleClik here to view.
Should Bank St Petersburg anti-enforcement injunctions fall foul of the...
In Bank St Petersburg, the High Court issued an anti-enforcement injunction on 14 May. The Bank had obtained a number of Russian judgments in their favour (in interlocutory proceedings), which they...
View ArticleClik here to view.
The Alexandros resurfaces – Greek proceedings may turn out to be an expensive...
I have reported before on the lis alibi pendens issue in the Alexandros litigation. (The left-over claims as identified in my previous post were, I understand, dropped, and hence the need for ECJ...
View ArticleClik here to view.
Gazprom, arbitral Antisuit Injunctions and the Judgments Regulation: Wathelet...
Wathelet AG opined yesterday in Gazprom, Case C-536/13, re the fate of arbitral anti-suit injunctions. (See my posting on the application, for context). He takes the opportunity to add to the chorus of...
View ArticleClik here to view.
Toyota v Prolat and the Brussels I arbitration exception. Plus ça change.
In Toyota v Prolat, the High Court was asked by Toyota to confirm the existence of an agreement between parties to arbitrate. The arbitral panel, already seized by Toyota, agreed that it would be best...
View ArticleClik here to view.
Arbitral anti-suit injunctions and the Judgments Regulation. Grand Chamber...
The ECJ today has held, in a matter of factly manner (I had suspected the Court would be brief), that the enforcement of arbitral awards falls outside the Brussels I-Regulation, where that enforcement...
View ArticleClik here to view.
SwissMarine- The High Court declines anti-suit against insolvency proceedings...
Much of the analysis in Swissmarine would have been redundant had Denmark been subject to the Insolvency Regulation. Please refer to the judgment for the many lines of arguments by applicants and...
View ArticleClik here to view.
Goldman Sachs v Novo Banco: on ‘Civil and commercial’ in Brussels I, and...
In Goldman Sachs v Novo Banco SA, the High Court first of all had to consider the scope of the Brussels I Regulation on the issue of ‘civil and commercial’. This issue came up following the...
View ArticleClik here to view.
Learn your lines, son!: the (ir)relevance of grammar for choice of court...
“These general terms and conditions will be governed by and construed in accordance with English law. With respect to any suit, action or proceedings relating to these general terms and conditions...
View ArticlePretty pennies and exclusive choice of court. BDO Cayman v Argyle Funds
In BDO Cayman v Argyle Funds, reported by Harneys, the Grand Court of the Cayman Islands followed English and Australian authority in having an anti-suit injunction followed by a cost order against...
View ArticleNori Holdings: High Court holds that West Tankers is still good authority...
In [2018] EWHC 1343 (Comm) Nori Holdings v Otkritie Males J follows exactly the same line as mine in commenting on West Tankers – specifically the bodged attempt in Brussels I Recast to accommodate...
View ArticleThe Hague Judgments project rolls on. And a quick note on [2018] FCA 549...
Kraft Foods v Bega Cheese [2018] FCA 549 was signalled to me by Michael Mitchell back in early May – now seems a good opportunity briefly to report on it. The Federal Court of Australia issued an...
View ArticleHiscox v Weyerhaeuser. The High Court is not easily impressed by pending...
A quick note on Hiscox v Weyerhaeuser [2019] EWHC 2671 (Comm), in which Knowles J was asked to continue an anti-suit injunction restraining Weyerhaeuser from continuing proceedings in the US courts and...
View ArticleA v OOO “Insurance Company Chubb” et al. Anti-suit pro arbitration does have...
In A v OOO “Insurance Company Chubb” [2019] EWHC 2729 (Comm), Carr J refused an ex parte application for interim relief seeking (i.a.) anti-suit and discontinuation of Russian proceedings, pro agreed...
View ArticleTwo negatives a positive make? A brief report on anti anti-suit in (among...
A flag on anti anti-suit. Steve Ross reports here on the Paris Court of First Instance (Tribunal de Grande Instance) judgment in RG 19/59311 IPCom v Lenovo /Motorola granting a preliminary injunction....
View Article
