Anti-suit injunction in support of arbitration (CMC v (1) DOW (2) MB)
Arbitration analysis: The Singapore International Commercial Court (SICC) granted an anti-suit injunction (ASI) to restrain foreign proceedings seeking to challenge a decision by an arbitral tribunal. The seat of the arbitration was Singapore, and the Singapore courts had exclusive jurisdiction to determine any such challenge. The court summarised the principles applicable to the issue of ASIs and concluded that the requirements for an ASI were met and there was no good reason not to grant it. Although the defendant was linked to a foreign government, it did not enjoy sovereign immunity because it was a ‘separate entity’ and the contract was a ‘commercial transaction’. Written by Rob Palmer, partner, Shi Jin Chia, senior associate, and Hugo Petit, associate, at Hogan Lovells.