In an important decision the English Court of Appeal clarifies an issue that has vexed courts for some time – the relative weight to be given to the law of the seat and the law of the main contract, where they differ, in determining the proper law of the arbitration agreement.
The English Court finds that an arbitration agreement was effectively incorporated by reference and grants and anti-suit injunction to cease court proceedings in Bangladesh.
The English Court considers an application for the continuance of an anti-suit injunction against a non-party to an arbitration agreement, based on the non-party pursuing proceedings in Russia which raised overlapping issues to those which were the subject of the arbitration.
The Hong Kong Court refuses to grant an indemnity costs order following an anti-suit injunction, rejecting an argument that the general approach in arbitration cases to award indemnity costs should be extended against a person who was not a party to the arbitration agreement.
The Hong Kong High Court grants a permanent anti-suit injunction to stop court proceedings continuing on the Mainland on the basis that they were oppressive, vexatious and brought for the purpose of frustrating the arbitration.
The English High Court considers an insurance policy containing “service of suit” provisions and continues an anti-suit injunction against the defendant on the basis that it was satisfied that the parties had agreed to submit their dispute to London arbitration.
The HK High Court grants an anti-suit injunction to restrain court proceedings on the Mainland, confirming that the relief is an “interim measure” within the terms of s.35 and s.45 of the Ordinance (and Article 17 of the Model Law).
The HK High Court grants an anti-suit injunction, holding that a party cannot pursue a claim under an insurance policy without also being bound by the dispute resolution provisions in the policy.Continue Reading
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