Understanding international arbitration

What is international arbitration?

This Practice Note provides an introduction to ‘international arbitration’, setting out what that phrase is commonly taken to mean. The Practice Note includes a discussion of the meaning of the word ‘arbitration’ and the term ‘commercial arbitration’. The Practice Note discusses key concepts in arbitration, including arbitral institutions, the tribunal, the arbitration agreement and the importance of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) and the UNCITRAL Model Law on International Commercial Arbitration (the Model Law).

See Practice Note: International arbitration—an introduction to the key features of international arbitration.

Key differences between international arbitration and domestic arbitration

This Practice Note sets out the main differences between international arbitration and domestic arbitration proceedings. The Practice Notes uses arbitration proceedings under the English Arbitration Act 1996 as the principal example of domestic arbitration proceedings in order to draw out the key differences between these two types of proceedings. The Practice Note covers what makes arbitration domestic or international and why it is important to distinguish so. It also covers the importance of local laws and the New

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The English court’s jurisdiction to grant anti-suit injunctions in relation to proceedings against third parties to an arbitration agreement (Renaissance Securities Ltd v ILLC Chlodwig Enterprises)

Arbitration analysis: This decision arises from Renaissance Securities (Cyprus) Ltd’s (Renaissance) application to vary an anti-suit injunction (ASI) previously granted by the English court in November 2023. The ASI had been granted by the English court to prevent the six defendants in the underlying dispute (the defendants) from proceeding against Renaissance in the Russian courts or any other court or tribunal, in breach of parties’ agreement to arbitrate under the rules of the London Court of International Arbitration (LCIA). Following the ASI in November 2023, the second and sixth defendants (the Minority Defendants) commenced claims in Russia for damages against certain companies affiliated with Renaissance (the RREs), who were not parties to the arbitration agreement between Renaissance and the defendants. In response, Renaissance filed an application at the English court in which the main issue for determination was whether the court had jurisdiction to grant an ASI preventing the defendants from continuing and/or commencing claims against the RREs before the Russian courts. The English court, applying the English rules of construction and interpretation of contracts, held that the arbitration agreements between Renaissance and the defendants were never intended to apply to claims by or against third parties. The court also held that the Minority Defendants’ claims against the RREs were not vexatious or better suited to an alternative jurisdiction, as to require an order of the English court prohibiting the Minority Defendants from continuing the Russian proceedings against the RREs. Written by Dr Ademola Bamgbose, solicitor advocate and senior associate at Hogan Lovells, London and Adeleresimi Philips-Adeleye, senior associate at ALN Nigeria|Aluko & Oyebode, Nigeria.

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