United Kingdom Supreme Court Reaches Decision on the Jurisdiction to Grant Anti-Suit Injunctions to Enforce Foreign-Seat Arbitration Agreements

This morning, the United Kingdom’s Supreme Court gave its decision in a case centered on the question of whether the English court can properly grant anti-suit injunctive relief in support of an arbitration seated in another jurisdiction (UniCredit Bank GmbH (Respondent) v RusChemAlliance LLC (Appellant), Case ID: 2024/0015).

Lord Reed of Allermuir, President of the Supreme Court, gave the court’s decision at a short hearing this morning. A full written judgment is to follow:

“This appeal was heard on 17 and 18 April. The court is not in a position to issue its judgment as yet, but it is in a position to give its decision on the appeal. It is desirable that it should do so as there are parallel proceedings before the Arbitrazh court of the St Petersburg and Leningrad region which have been adjourned until 6 May in order, as we understand the position, to allow time for this court to consider this appeal.

“I should record our gratitude to Judge Saltykova for taking this course and enabling this appeal to be dealt with in an orderly way.

“We have decided that the appeal should be dismissed. The effect of that decision is that the declarations and injunctive relief which were granted by the Court of Appeal on 29 January will remain in force.

“The Parties may wish to have an order at this stage giving effect to the court’s decision. That can be provided by the court’s registry with whom the parties should liaise. All matters relating to costs are reserved until after our judgment has been handed down at which stage submissions can be filed. Unless there are any matters arising, the court will adjourn.”

Though the Supreme Court dismissed the appeal, with the effect that the declaratory and injunctive relief ordered by the Court of Appeal remained, it is yet to give its reasons, which will follow in a full written judgment which is set to shed light on the nature and availability of anti-suit injunctions in support of foreign seat arbitrations.

Duane Morris continues to monitor this and other significant developments in international arbitration.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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