Jurisdiction(s):
United Kingdom

Anti-suit injunctions in support of foreign-seated arbitration: English Court of Appeal guidance in UniCredit v Ruschemalliance on Enka applicable law, service-out gateway and forum

Published on: 27 February 2024

Published by a LexisNexis Dispute Resolution expert

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Article summary

UniCredit Bank GMBH (a company incorporated under the laws of Germany) v Ruschemalliance LLC (a company incorporated under the laws of the Russian Federation) [2024] EWCA Civ 64

What are the practical implications of this case?

The judgment introduces greater coherence to the previously varied approaches in recent decisions involving western claimants seeking ASIs against Russian counterparties in support of foreign-seated arbitration agreements. ASIs have now been awarded to the claimants in each of those matters and, moreover, the Court of Appeal has issued authoritative guidance at appellate level on how the English courts should handle such applications (this being a fully argued appeal, whereas Deutsche Bank v Ruschemalliance LLC [2023] EWCA Civ 1144 was ex parte). While parties considering comparable applications in Russia-related disputes may take reassurance from this, the route to the UK Supreme Court (UKSC) remains available. Practitioners observing this strand of jurisprudence should also note the Court of Appeal’s treatment of the rules determining the law applicable to an arbitration agreement, as set out in Enka Insaat Ve Sanayi AS v OOO ‘Insurance Company Chubb’ & others [2020] UKSC 38...

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