Anti-suit injunction cannot be replaced by arbitral award or order, as arbitrators lack enforcement powers

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English courts are not barred from issuing anti-suit injunction to prevent breach of arbitration agreement, even if seat of arbitration is in France rather than in the UK

Arbitration agreements do not prevent a party from seeking court intervention to enforce the other party’s adherence to the agreement or to support the arbitration process

English courts have authority to issue anti-suit injunctions against proceedings brought in breach of arbitration agreement

Russian court should have referred parties to arbitration despite being barred from doing so under Russian law

Governing law clause in bond contracts is framed in wide terms and covers not only the bonds, but also the arbitration clause contained in the contracts

Lacking parties’ contractual determination of law governing arbitration clause, courts should not assume an implied choice of law

Permissive language in case law suggesting that arbitration agreements might be governed by law of the seat in specific circumstances does not displace application of UK law

Contractual choice of law clause extends to arbitration agreement within the contract according to settled case law; dissimilar parliamentary bill under discussion does not affect authority of precedent

UK Court of Appeal rules that English courts have jurisdiction over sanctions-related dispute and issues anti-suit injunction against Russian court proceedings

Background: UniCredit’s refusal to meet contractual obligations due to EU sanctions on Russia triggers court proceedings in Russia

Russian court confirms 575-million-EUR anti-arbitration injunction against OMV gas trading company

Russian courts seize Glencore’s interest in Rosneft over debt to Sberbank

Russian court declines to hear Eurobond dispute in favor of LCIA arbitration

Russian Supreme Court refuses to enforce FOSFA award on public policy grounds

Russian cassation court upholds anti-arbitration and anti-suit injunctions against Linde, but finds that first instance court erred when denying RCA’s request for a monetary fine

Russian courts issue new decisions, implicating Linde Group’s remaining Russian assets

Pair of decisions imposing anti-arbitration injunctions against state-owned European companies find lack of prospect for fair trial before ICC tribunals seated in Geneva

Russia’s objections that claimant’s interpretation would lead to “anomalous or unforeseen” consequences are dismissed

Good faith interpretation of BIT provisions indicates that cross-border requirement needs to be assessed at time of alleged breach

Linguistic elements support claimant’s argument that investment must only be cross-border at time of alleged breach

Russia raises multiple objections based on lack of cross-border element in claimant’s alleged investment

Tribunal finds no ground to rule on state succession, but defers certain property questions to the merits

Tribunal sees potential for broader application of its conclusions on territorial scope of BIT

Irrelevance of sovereignty dispute cancels most of Russia’s objections based on public international law

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