Jurisdiction(s):
United Kingdom

English Commercial Court refuses anti-suit injunction restraining third-party proceedings; arbitration clause construction and vexatious-proceedings test clarified (Renaissance Securities v ILLC Chlodwig Enterprises)

Published on: 03 December 2024

Published by a LexisNexis Arbitration expert

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Article summary

Renaissance Securities (Cyprus) Ltd v ILLC Chlodwig Enterprises and others [2024] EWHC 2843 (Comm) What are the practical implications of this case?

This case reaffirms the settled English law principles of interpretation, particularly in relation to arbitration clauses. The proper approach is to construe the arbitration clause in its entirety and by reference to the principal agreement that contains it, to determine, objectively, the meaning it would convey to a reasonable person equipped with the relevant background known to the parties when the bargain was struck, while disregarding prior negotiations and any statements of subjective intention. The ruling also offers guidance on how an arbitration clause and an ASI should be read in relation to third parties. In the absence of clear wording that a jurisdiction clause reaches claims against non-parties, the default position, when construing a jurisdiction clause that covers all disputes arising from a contract, is that only the contracting parties are encompassed...

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