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England and Wales

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In England and Wales

The English Court of Appeal grants anti-suit injunction to enforce Paris seated arbitration

by 8 Mins Read

Introduction English courts recently heard and determined three separate applications with near mirroring facts for anti-suit injunctions (“ASI”) brought by (i) Deutsche Bank, (ii) Commerzbank and (iii) an unknown entity given anonymisation of the judgment, all brought against RusChemAlliance LLC (“RCA”), a Russian entity in which Gazprom has a direct interest. All three cases relate to proceedings RCA initiated in Russia in breach of the relevant arbitration agreements. The application for ASI was refused in…

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In England and Wales

Post-M&A Litigation: England & Wales High Court rules on “Material Adverse Change in Trading Position”

by , and 9 Mins Read

What constitutes a material adverse change or a material impact on the profitability of a target company? In the recent decision in Finsbury Food Group plc v Axis Corporate Capital UK Ltd and others [2023] EWHC 1559 (Comm), the English Court ruled on this very relevant question. The Court rejected the claim of a policy holder of a Warranties and Indemnities (W&I) insurance policy on the ground that the policy holder had failed to establish a…

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In England and Wales

Law governing arbitration agreement, rather than the law governing the trade marks, binds non-parties as successors in title to the trademarks

by 7 Mins Read

Earlier this year, the English Court of Appeal in Lifestyle Equities CV and another v Hornby Street (MCR) Ltd and others [2022] EWCA Civ 51 had to consider whether a non-party was bound by an arbitration agreement and which law applied to it. The Court of Appeal (by majority) upheld the decision of the first instance judge to stay trade mark infringement proceedings in favour of arbitration on the basis that the claimant was bound…

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In COVID-19

The LCIA 2020 Casework Report – More international flavour and a first insight into the impact of Covid-19 on the London arbitration market

by 5 Mins Read

The LCIA’s 2020 Casework Report reveals that the London arbitration market is busier than ever, at least in part as a result of the Covid-19 pandemic. Caseload overview According to the 2020 Report, the LCIA had an “exceptional year”, seemingly due to the Covid-19 pandemic, with a record 407 arbitrations being referred to the LCIA under the LCIA Arbitration Rules. This marks an increase of 18% compared to 2019 (up from 346 referrals). Banking &…

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