Source: All England Reporter
Publisher Citation: [2012] All ER (D) 191 (May)
Neutral Citation: [2012] EWCA Civ 644
Court: Court of Appeal, Civil Division
Judge:

Lloyd, Stanley Burnton LJJ and Sir Mark Potter
Representation Graham Dunning QC and Stephen Houseman (instructed by Clifford Chance LLP) for the claimant.
  Vasanti Selvaratnam QC and Mr Henry Ellis (instructed by Bryan Cave LLP) for the second defendant.
Judgment Dates: 24 May 2012

Catchwords

Conflict of laws - Jurisdiction - Challenge to jurisdiction - Parallel proceedings taking place in England and Russia between parties - Claimant and first defendant entering guarantee containing London arbitration clause - Second defendant issuing proceedings in Russia challenging validity of guarantee - Claimant obtaining anti-suit injunction in respect of Russian proceedings - Second defendant contending not a party to guarantee - Judge granting anti-suit injunction preventing pursuit of Russian proceedings - Whether judge erring.

The Case

Conflict of laws Jurisdiction. The Court of Appeal, Civil Division, upheld a decision that the claimant had been entitled to an anti-suit injunction preventing the second defendant pursuing proceedings in Russia, in which the second defendant had been seeking to challenge the validity of a guarantee, where that guarantee between the claimant and the first defendant had expressly provided that any challenge to its validity should be determined by way of arbitration in London.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases