UniCredit Bank GmbH v RusChemAlliance LLC

Subject Matter

INJUNCTION — Anti-suit injunction — Restraint of foreign proceedings — Guarantee issued by claimant in favour of Russian defendant containing English choice of law clause and providing for arbitration seated in Paris — Defendant in apparent breach of arbitration agreement commencing action in Russia — Claimant applying for permanent anti-suit injunction to restrain defendant from pursuing Russian proceedings — Whether English court having jurisdiction to grant injunction — Whether relevant arbitration agreement governed by English law — Whether England proper place in which to bring claim — Whether final injunction to be granted — Senior Courts Act 1981, s 37 — CPR r 6.37(3) — CPR PD6B

[2024] EWCA Civ 64; [2024] 1 Lloyd's Rep 350, CA

CONFLICT OF LAWS — Contract — Arbitration agreement — Bond contracts containing choice of English law clauses and arbitration agreements with Paris seat — Claimant alleging proceedings brought by defendant in Russia in breach of arbitration agreements and seeking anti-suit injunction — Whether English courts having jurisdiction — Whether arbitration agreements governed by English law — Whether England and Wales proper place to bring claim — Arbitration Act 1996 (c 23), s 2(3)

[2024] UKSC 30; [2025] AC 1177; [2024] 3 WLR 659; [2025] 2 All ER 125; [2025] 2 All ER (Comm) 1; [2024] 2 Lloyd's Rep 466; [2024] WLR(D) 412, SC(E)

CONFLICT OF LAWS — Contract — Arbitration agreement — Bond contracts containing choice of English law clauses and arbitration agreements with Paris seat — Claimant claiming anti-suit injunction in High Court to restrain defendant from continuing proceedings in Russia in breach of arbitration agreements — Whether English courts having jurisdiction over claim for anti-suit injunction — Whether arbitration agreements governed by English law — Whether England and Wales proper place to bring claim — CPR rr 6.36, 6.37(3), PD 6B, para 3.1(6)(c)

[2024] UKSC 30; [2025] AC 1177; [2024] 3 WLR 659; [2025] 2 All ER 125; [2025] 2 All ER (Comm) 1; [2024] 2 Lloyd's Rep 466; [2024] WLR(D) 412, SC(E)

INJUNCTION — Anti-suit injunction — Discharge — Bond contracts containing choice of English law clauses and arbitration agreements with Paris seat — Claimant claiming anti-suit injunction in High Court to restrain defendant from continuing proceedings in Russia in breach of arbitration agreements — Court of Appeal granting final anti-suit injunction against defendant — Russian court granting defendant ruling requiring claimant to refrain from initiating or continuing proceedings against defendant in respect of bonds other than in Russian courts and to take all measures to cancel order of Court of Appeal or pay court-imposed penalty — Claimant applying to discharge final anti-suit injunction granted by Court of Appeal — Whether court having jurisdiction to revoke or vary final anti-suit injunction — Whether application to discharge final anti-suit injunction to be granted and if so whether injunction to be revoked or varied

[2025] EWCA Civ 99; [2025] 1 WLR 2321; [2025] 2 All ER (Comm) 33; [2025] 1 Lloyd's Rep 264; [2025] WLR(D) 86, CA

INJUNCTION — Anti-suit injunction — Discharge — Claimant obtaining final anti-suit injunction from English court restraining defendant from bringing certain claims in Russia — Defendant obtaining order from Russian court requiring claimant to take all measures within its control to cancel English injunction or pay large penalty — Whether English court empowered to revoke or vary final anti-suit injunction — Whether injunction to be revoked or varied — CPR r 3.1(7)

[2025] EWCA Civ 99; [2025] 1 WLR 2321; [2025] 2 All ER (Comm) 33; [2025] 1 Lloyd's Rep 264; [2025] WLR(D) 86, CA

Appellate History

Commentary

Wilberforce Chambers
English anti-suit injunctions in aid of arbitration agreements with a foreign seat Case comment

Out-Law
Anti-suit injunction issued by English court to halt Russian proceedings Case comment