Anti-suit injunctions: arbitration with a foreign seat

The English courts will readily grant anti-suit relief to restrain a party to an arbitration clause specifying England as the seat from commencing or pursuing proceedings in the courts of another jurisdiction. A question which has been left unanswered since the passing of the Arbitration Act 1996 is whether the English courts will intervene where the seat of the arbitration is outside England. The matter has now been considered in two first instance cases, one of which has been appealed to the Court of Appeal.

All arose out of the same events although two different claimants were involved. The cases are: SQD v QYP [2023] EWHC 2145 (Comm); [2023] BLR 520, a decision of Bright J dated 21 August 2023; Commerzbank AG v RusChemAlliance LLC [2023] EWHC 2510 (Comm); [2023] 2 Lloyd's Rep 587, a decision of Bryan J dated 31 August 2023; and Deutsche Bank AG v RusChemAlliance LLC [2023] EWCA Civ 1144; [2023] 2 Lloyd's Rep 600, the appeal against the decision of Bright J. The leading judgment in the Court of Appeal was delivered by Nugee LJ.