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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 Arbitration Agreements

Paris Court of Appeal: Claims for reimbursement of expenses incurred during criminal proceedings are not covered by the arbitration clause

by 7 Mins Read

Factual Background In 2012, Mr. X bought a catamaran put up for sale by Mr. Y, who owned this catamaran through a British Virgin Islands company called Song Saigon Ltd. Mr. X acquired the catamaran for EUR 1.22 million through two agreements successively signed with Song Saigon Ltd in the form of a memorandum of agreement (MoA) and a share sale and purchase agreement (SSPA), under which Mr. Y transferred all of his shares in…

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In All time favorite

Now available: International Arbitration Yearbook 2022-2023

by 2 Mins Read

We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This 16th edition looks at key developments in arbitration from the last year in over 45 jurisdictions, including: In this year’s edition we have introduced a new chapter on the arbitration framework in the OHADA area, which includes 17 African states. You can access the latest edition of the International Arbitration Yearbook here or by hovering your cursor…

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