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ARTICLE · 16 SEPTEMBER 2024

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Anti-Suit Injunctions, Arbitration Clauses And (Pro) Active English Courts

Mayer Brown
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Russia's invasion of Ukraine in 2022 has changed the legal landscape for commercial parties contracting with Russian counterparts in multiple ways.

European UnionLitigation, Mediation & Arbitration
Sarah Garvey
Sarah Garvey
Rachael O'Grady
Rachael O'Grady
Charlotte Stewart-Jones
Charlotte Stewart-Jones
Lisa Dubot
Lisa Dubot
William Clerke
William Clerke
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Russia's invasion of Ukraine in 2022 has changed the legal landscape for commercial parties contracting with Russian counterparts in multiple ways. This Legal Insight considers how commercial parties have sought the assistance of English Courts to protect their rights under contractual dispute resolution clauses by seeking orders known as 'anti-suit' injunctions ("ASIs") against counterparties that have initiated proceedings against them in Russia in breach of contract.

Against the backdrop of the imposition and extension of EU sanctions on Russian entities, Russia amended its Arbitrazh Procedural Code in 2020 to introduce articles which (i) disapply contractual dispute resolution clauses and (ii) provide for the exclusive jurisdiction of the Russian courts where disputes involve Russian entities that are subject to foreign restrictive measures such as sanctions. These articles have subsequently been interpreted broadly by the Russian courts (see our earlier Legal

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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