Enforcing Arbitration Awards: update

The third post in our “new term catch up” series looks at the law concerning the enforcement of arbitration awards.  This is often neglected by parties and their legal representatives alike. This is ironic as it is arguably the most commercially critical stage of the entire arbitral process. Many a party has spent much blood, sweat, and money to achieve a positive result, only to find it an essentially pyrrhic victory.

It is with the crucial importance of this area of law in mind that in this post, the third in our new legal term series, two recent Commercial Court decisions concerning the circumstances in which recognition or enforcement of a New York Convention award may be refused are summarised.  The cases are Zavod Ekran v Magneco and Anatolie Stati v The Republic of Kazakhstan. Continue reading

Domestic anti-suits and the 6BPD gateways: Fujifilm Kyowa Kirin Biologics Co Ltd v Abbvie Biotechnology Ltd

Fujifilm Kyowa Kirin Biologics Company Ltd v (1) Abbvie Biotechnology Ltd and (2) Abbvie Ltd [2016] EWHC 2204 (Pat)

Arnold J gave judgment today in this important case on jurisdiction.  Thomas Raphael QC and I acted for the claimant biotechnology company (“Fujifilm”) and successfully resisted a challenge from a Bermudan domiciled defendant to the English Court’s jurisdiction which had been founded by service out of the jurisdiction.  Alexander Layton QC, also from 20 Essex Street, acted for the defendants.

Whilst the issues in this case arose within the context of an intellectual property dispute, many aspects of Arnold J’s decision will have a broader relevance to commercial disputes that give rise to issues concerning the Court’s jurisdiction to serve out or domestic anti-suit relief. Continue reading

The new LCIA Rules do not preclude applications for anti-suit relief

Mace (Russia) Ltd v Retansel Enterprises Ltd & Anor, 28 April 2016 (unrep)

In this unreported Commercial Court decision last week, Phillips J granted the Claimant an anti-suit injunction to restrain the Defendant from proceeding with an arbitration in Russia in breach of a London arbitration clause.

The case is interesting for two points: the grant of an anti-suit injunction despite a material non-disclosure ex parte; and the decision that the new LCIA Rules do not preclude applications for anti-suite relief. Continue reading

Derived rights and anti-suit injunctions: The Yusuf Cepnioglou

On Wednesday 20 April 2016 the Court of Appeal (Moore-Bick, Longmore and Macfarlane LJJ) handed down judgment in Shipowners’ Mutual Protection and Indemnity Association (Luxembourg) v Containerships Denizcilik Nakliyat Ve Ticaret AS (The “Yusuf Cepnioglu”) [2016] EWCA Civ 386.

Led by David Lewis QC also at 20 Essex Street, I appeared for the appellant charterers (the “Charterers”) against whom an anti-suit injunction had been ordered, first by Cooke J (ex parte) and then maintained by Teare J at the return date ([2015] EWHC 258 (Comm), [2015] 1 All ER (Comm) 966).

The decision gives a clear signal that the English courts will fiercely protect against the infringement of a party’s English law rights – even to the detriment of comity (which the court held was not a relevant consideration).  Thus, recognising its two previous decisions in The Hari Bhum [2005] 1 All ER Comm (715) and The Jay Bola [1997] 2 Lloyd’s Rep 279 were irreconcilable, the Court preferred the latter. Continue reading