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Arbitration Anti-Suit Injunctions Arbitration Agreements

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
A&O Shearman

The Prestige saga - clarifications on enforcement and State immunity from injunctions

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In the latest decision in the Prestige saga, the English Court of Appeal has made two notable findings: it has refused to enforce a Spanish judgment on the basis that it would be contrary to public policy because it conflicts...more

Morrison & Foerster LLP

Singapore and English Courts Examine Availability of Anti-suit Injunctions in Claims Against Non-parties to Arbitration Agreements

Singapore and England & Wales have longstanding reputations as arbitration-friendly jurisdictions. Where parties have entered into an arbitration agreement but one party nonetheless commences court litigation over a claim...more

Mayer Brown

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

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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...more

A&O Shearman

Governing law of an arbitration agreement: Supreme Court Enka v Chubb

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In Enka Insaat ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court unanimously held that, if the parties have chosen a governing law for a contract containing an arbitration clause, this would...more

Hogan Lovells

Enka v Chubb: Supreme Court decision promotes certainty and enforceability

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The court’s judgment also reaffirms that, where English law is the law of the seat, the English courts generally have jurisdiction to grant anti-suit injunctions to restrain breaches of the arbitration agreement, even where...more

Hogan Lovells

Hong Kong Court refuses to grant an anti-suit injunction to stay a winding-up petition where an arbitration agreement existed

Hogan Lovells on

The Hong Kong Court of First Instance has dismissed an application by a British Virgin Islands (BVI) company (C) for an interim anti-suit injunction against proceedings commenced by a Cayman Islands company (D) for the...more

Hogan Lovells

Hong Kong Court refuses to grant an antisuit injunction to stay a winding-up petition where an arbitration agreement existed

Hogan Lovells on

The Hong Kong Court of First Instance has dismissed an application by a British Virgin Islands (BVI) company (C) for an interim anti-suit injunction against proceedings commenced by a Cayman Islands company (D) for the...more

White & Case LLP

Sanctions-related amendments to the Russian Commercial Procedure Code

White & Case LLP on

This overview summarises the recent amendments to the Russian Commercial Procedure Code (“Commercial Procedure Code”) relating to disputes involving sanctioned persons. The new law, which comes into effect on 19 June 2020,...more

A&O Shearman

Court of Appeal Clarifies Important Issues Regarding Arbitration in London

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The English Court of Appeal has granted an anti-suit injunction in favour of our client ENKA Insaat ve Sanayi AS restraining an entity in the Chubb insurance group from pursuing proceedings commenced in the Russian courts in...more

A&O Shearman

Arbitration: English seat does not guarantee English governing law and anti-suit injunction

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The English High Court (Andrew Baker J) has refused to hear an application for an anti-suit injunction to restrain proceedings in Russia allegedly in breach of an arbitration agreement. The court concluded that it was not an...more

Robins Kaplan LLP

Arbitration Options Put Global Insurers In The Driver Seat

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Globalization of the insurance market has seen an increase in the use and enforcement of international arbitration agreements in insurance policies. When tragedy strikes or loss occurs, insurers have a variety of options to...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Litigants Continue to Use 'Anti-Suit Injunctions' to Protect Their Arbitration Rights"

Courts occasionally are asked to intervene in a pending arbitration and exercise their injunctive powers. In some cases, litigants seek to have the courts aid the arbitral process by stopping foreign proceedings that...more

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