Topic: Anti-suit injunction

English court restrains Armenian suit over mining venture

A Russian state-owned bank has obtained an English anti-suit injunction to restrain an Armenian businessman from pursuing litigation in his home country in a US$320 million dispute over a mining project.

25 May 2021

Australian almond milk dispute to be heard in California

The Federal Court of Australia has ruled that litigation between an Australian food and beverage group and a US farmers’ cooperative over the licensing of almond milk products should be stayed in favour of an ICDR arbitration in California.

17 March 2021

Haiti seeks to halt fuel supply claim

A Haitian government agency has asked a US court to stay a US$94 million ad hoc arbitration brought by a supplier of petroleum products, arguing that the disputes provisions in their contracts are invalid under Haitian law.

10 March 2021

UAE proceedings blocked in wake of asset freeze

A London judge has granted an “unusual anti-suit injunction” blocking court proceedings brought by a company that had already filed for ICC arbitration in the United Arab Emirates, purportedly to preserve an asset freeze.

30 November 2020

UK Supreme Court rules on law governing arbitration agreements

The UK Supreme Court has dismissed an appeal brought by the Russian arm of the insurance company Chubb, holding that where there is no law chosen to govern the contract or the arbitration agreement, the law governing the latter would be the law of the seat – in this case, English law.

09 October 2020

UK court restrains Russian securities suit

The Commercial Court in London has restrained an insolvent Russian bank from pursuing a US$140 million lawsuit in St Petersburg over securities contracts, finding the dispute should be heard in LCIA arbitration.

29 September 2020

UK court affirms power to restrain foreign arbitrations

The English courts can restrain a foreign-seated arbitration in exceptional circumstances on the grounds that it is vexatious or oppressive, the Court of Appeal in London has confirmed – in a family dispute relating to the largest engineering and construction business in the Middle East.

16 July 2019

Oil companies fight Oxy for share of ICSID award

Houston-based Occidental Petroleum has failed in a bid to restrain Canadian oil and gas company Encana from pursuing claims against it in an ICDR arbitration over rights to the proceeds of a billon-dollar ICSID award against Ecuador.

27 February 2019

Russian fraud suit restrained but West Tankers stands

An English court has restrained a recently nationalised Russian bank from pursuing a US$600 million fraud claim through litigation in Moscow rather than in LCIA arbitration, while ruling it has no power to enjoin related court proceedings in Cyprus because the European Court of Justice’s decision in West Tankers still applies.

07 June 2018

Peanut butter wars lead to Australian injunction

The Federal Court of Australia has restrained a subsidiary of US food company Kraft Heinz from pursuing an ICDR arbitration in New York over peanut butter trademark rights, after finding that the dispute substantially overlaps with a false-advertising lawsuit between the same parties.

23 May 2018

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