Topic: Anti-suit injunction

A US judge hearing two actions by solar investors to enforce ICSID awards worth a combined €333 million against Spain has issued injunctions to prevent the state from trying to halt the proceedings through litigation in the Netherlands and Luxembourg.

16 February 2023

An UNCITRAL tribunal has refused to stay an Indian investor’s US$156 million treaty claim against Mozambique based on an “unprecedented” anti-arbitration injunction issued by an ICC tribunal hearing a related contractual case between the parties.

19 December 2022

A Stockholm Chamber of Commerce arbitration relating to a gas project in Uzbekistan that saw claims and counterclaims totalling around US$350 million has ended with an award worth less than US$2 million in favour of a subsidiary of Russia’s Lukoil.

28 November 2022

A court in the Dubai International Financial Centre has refused to restrain a Dubai contractor from pursuing litigation in the emirate’s onshore courts, despite arguments it is in breach of an agreement to arbitrate in the DIFC.

25 October 2022

An English court has ordered a Nigerian energy conglomerate to fight its dispute over a US$1.7 billion oil field debt in ICC arbitration, finding a group of lenders did not waive their right to arbitrate by appealing a Nigerian court ruling.

06 April 2022

An ICSID tribunal has expressed its “grave concern” at the Netherlands’ decision to seek a German court declaration as to the admissibility of an EU investor’s Energy Charter Treaty claim – but for the time being has refused to recommend that the suit be withdrawn.

14 March 2022

The Russian Supreme Court has ruled for the first time that sanctioned Russian parties need not prove that sanctions have actually impeded their access to justice to obtain an injunction restraining a foreign arbitration. Timur Aitkulov and Galina Valentirova of Aitkulov & Partners in Moscow report.

13 January 2022

A court in Singapore has upheld an anti-suit injunction against the co-founder of a well-known Indian matrimonial and matchmaking website – apparently the first time a Commonwealth court has ruled on which law applies when determining if a dispute is arbitrable at the pre-award stage.

11 November 2021

Lawyers from Aitkulov & Partners report on a Russian Supreme Court case that may make it easier for Russian parties facing sanctions to obtain injunctions restraining arbitrations abroad.

05 October 2021

The Russian Supreme Court has refused to restrain a Stockholm Chamber of Commerce arbitration on the basis of recent legislation providing for the exclusive jurisdiction of Russia’s courts over disputes involving sanctioned Russian parties.

14 June 2021