Jurisdiction(s):
United Kingdom

Singapore International Commercial Court grants contractual anti‑suit injunction enforcing SIAC arbitration agreement and seat; clarifies ASI principles, sovereign immunity and costs

Published on: 03 July 2025

Published by a LexisNexis Arbitration expert

Legal News

Article summary

Cooperativa Muratori and Cementisti-CMC di Ravenna, Italy…claimants; and (1) Department of Water Supply & Sewerage Management, Kathmandu (2) Melamchi Water Supply Development Board…Defendants [2025] SGHC(I) 16

What are the practical implications of this case?

The case sets out a helpful synthesis of the principles governing ASIs, drawing a line between contractual and non-contractual ASIs. In the context of proceedings begun in breach of an arbitration agreement, the court emphasised that party autonomy lies at the heart of international dispute resolution and empowers parties to decide how their quarrels are to be settled. Where parties have chosen a particular route, the courts will hold them to that bargain. Thus, if a party starts foreign court proceedings contrary to an arbitration agreement, there is ‘no good reason for diffidence’ in issuing an ASI to restrain those proceedings, on the straightforward basis that the defendant had undertaken not to commence them. The decision also serves as a prompt to consider questions of sovereign immunity when dealing with entities connected to the state. It also underlines that courts will not hesitate to enforce agreed dispute mechanisms robustly...

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