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Supreme Court Rules on Jurisdiction to Grant Anti-Suit Injunction in Support of Foreign-Seat Arbitration Clause

The Supreme Court has today (23rd April 2024) given its decision in UniCredit Bank GmbH v RusChemAlliance LLC after hearing argument on the expedited appeal on 17 & 18 April. The case concerns the English court’s jurisdiction to grant an anti-suit injunction in support of a foreign-seat arbitration and the law applicable to the arbitration agreement.

The Supreme Court dismissed the defendant’s jurisdictional appeal. The final mandatory and prohibitory anti-suit injunctive relief granted by the Court of Appeal has been upheld and will be enforced by a separate order. The Supreme Court which comprises Lord Reed, Lord Sales, Lord Leggatt, Lord Burrows and Lady Rose, will give its full judgment on the matter at a later date.

Professor Jonathan Harris KC (Hon.), together with Stephen Houseman KC and Stuart Cribb (Essex Court), represent the respondent/claimant. They were instructed by Latham & Watkins.

To view the case summary, please click here and to watch the decision summary, please click here.