Commercial Dispute Resolution Briefing, October 2009 (Part 1)

ARBITRATION

Anti-suit injunctions available against non EU member states to protect UK arbitration

1) Roger Shashoua (2) Rodemadan Holdings Ltd (3) Stancroft Trust Ltd v Mukesh Sharma (2009)

The anti-suit injunction may be all but dead in the EU following the European Court of Justice's decision in West Tankers (C185/07), but parties may be reassured by this decision which confirms that it is still at least available as a remedy to prevent parties from commencing proceedings in non-EU states.

The parties entered into a shareholders' joint venture agreement governed by Indian law, which provided for the parties to arbitrate in London under the ICC Rules. Following an unsuccessful challenge by the defendant to the arbitral tribunal's jurisdiction, the London arbitral tribunal made a costs award in the claimants' favour. After failing to overturn that award in the English courts, the defendant tried to challenge it (and a subsequent charging order granted by the