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ARTICLE · 07 NOVEMBER 2023

Can You Get English Anti-Suit Relief For Foreign Arbitrations?

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In a set of recent decisions, the English court has considered the extent to which it can grant anti-suit injunctions (ASIs) in support of arbitral proceedings seated in other jurisdictions.

United KingdomLitigation, Mediation & Arbitration
Chloe Edworthy
Chloe Edworthy
James Reid
James Reid
Madeleine Brown
Madeleine Brown

In a set of recent decisions, the English court has considered the extent to which it can grant anti-suit injunctions (ASIs) in support of arbitral proceedings seated in other jurisdictions.

We have previously commented on the benefits of ASIs and their use post-Brexit.

The English court routinely grants ASIs to hold parties to their English seated arbitration agreements. But uncertainty remains as to the extent to which ASIs can be obtained in support of arbitrations seated in other jurisdictions.

Background

The decisions, Deutsche Bank AG v RusChemAlliance LLC [2023] EWCA Civ 1144; Commerzbank AG v RusChemAlliance LLC [2023] EWHC 2510 (Comm); and G v R [2023] EWHC 2365 (Comm), all relate to the construction of a liquefied natural gas plant in Russia by a German construction company, Linde GmbH (Linde). Three banks, Deutsche Bank (DB), Commerzbank and UniCredit issued advance payment guarantees (the Guarantees) on behalf of Linde to RusChemAlliance (RCA)

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