Jurisdiction(s):
United Kingdom

English Commercial Court: revoking anti-suit injunctions and costs orders, but not jurisdiction/applicable law declarations, under CPR 3.1(7), following UniCredit, in Bayerische Landesbank v RusChemAlliance

Published on: 18 June 2025

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Bayerische Landesbank & Others v RusChemAlliance LLC (Rev1) [2025] EWHC 924 (Comm) What are the practical implications of this case?

The key authorities in this field are UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30, where, among other points, the Supreme Court approved the issue of ASIs in the circumstances (UniCredit 1), and UniCredit Bank GmbH v RusChemAlliance LLC [2025] EWCA Civ 99, where, among other matters, the Court of Appeal held that the English courts can set aside a final injunction (UniCredit 2). Building on the Court of Appeal’s steer in UniCredit 2, Mr Justice Foxton delineates the ambit of the English court’s discretion, under CPR 3.1(7), to discharge ASIs and related orders or declarations. The judgment confirms that the English courts possess jurisdiction to rescind both injunctive and declaratory remedies, yet will be slow to disturb declarations on jurisdiction and governing law, which are treated as statements of historical legal fact. As Foxton J put it, such declarations are not, in practical terms, capable of being undone—once sounded, the bell cannot be made unsound at all events...

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