UK Commercial Court dismisses anti-suit injunction related to a French-seated arbitration
Sir Nigel Teare has dismissed an anti-suit injunction related to a foreign-seated arbitration ahead of Russia proceedings due to take place next week. Learn more about this case with Chambers.
What was the case about?
The claimant in G v R was seeking to restrain proceedings in Russia which it alleges are in breach of an arbitration agreement established in France. The French courts would not grant the injunction and so the claimant sought anti-suit relief from the UK courts.
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What was the judgement?
Sir Teare, sitting as a High Court Judge, determined that under the terms of the arbitration contract the French Law was applicable and not UK law and so the UK court had no jurisdiction in this matter. The case used the Supreme Court’s approach set out in Enka v Chubb to decide the governing law of the arbitration agreement.
Who were the barristers involved?
Alexander Gunning KC and Alexander Brown of One Essex Court appeared for the defendant in resisting the anti-suit injunction. Gunning is ranked in a number of Chambers’ tables including International Arbitration: General Commercial & Insurance and Commercial Dispute Resolution.
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