English Court of Appeal overturns decision to refuse anti-suit injunction for foreign-seated arbitration | Practical Law

English Court of Appeal overturns decision to refuse anti-suit injunction for foreign-seated arbitration | Practical Law

In Unicredit Bank GmbH v Ruschemalliance LLC [2024] EWCA Civ 64, the English Court of Appeal overturned a Commercial Court decision to refuse an anti-suit injunction on grounds that the English court had no jurisdiction to grant that relief in relation to a Paris-seated arbitration. The Court of Appeal found that, under the general principle laid down in Enka Insaat Ve Sanayi AS v Insurance Company Chubb [2020] UKSC 38, the arbitration agreement was governed by English law and satisfied a jurisdictional gateway, and England was the appropriate forum for the claim.

English Court of Appeal overturns decision to refuse anti-suit injunction for foreign-seated arbitration

Practical Law UK Legal Update Case Report w-042-2438 (Approx. 6 pages)

English Court of Appeal overturns decision to refuse anti-suit injunction for foreign-seated arbitration

Published on 05 Feb 2024England, Wales
In Unicredit Bank GmbH v Ruschemalliance LLC [2024] EWCA Civ 64, the English Court of Appeal overturned a Commercial Court decision to refuse an anti-suit injunction on grounds that the English court had no jurisdiction to grant that relief in relation to a Paris-seated arbitration. The Court of Appeal found that, under the general principle laid down in Enka Insaat Ve Sanayi AS v Insurance Company Chubb [2020] UKSC 38, the arbitration agreement was governed by English law and satisfied a jurisdictional gateway, and England was the appropriate forum for the claim.