Deutsche Bank AG 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 anti-suit injunction to restrain defendant from pursuing Russian proceedings — Anti-suit injunctions not available in France — Whether non-availability due to French law having philosophical objection to their grant — Whether England proper place in which to bring claim for purposes of service out of jurisdiction criteria — Whether claimant to be granted permission to serve out — Whether injunction to be granted — CPR rr 6.36, 6.37(3)

[2023] EWCA Civ 1144; [2023] Bus LR 1660; [2024] 1 All ER (Comm) 1090; [2023] 2 Lloyd's Rep 600; [2023] WLR(D) 412, CA

Appellate History