- Anti-suit injunction granted against non-party to arbitration agreement (Qingdao Huiquan Shipping Co v Shanghai Dong He Xin Industry Group)
- What are the practical implications for practitioners?
- What is the background to this decision?
- What did the court decide?
- Case details
Arbitration analysis: Mr Justice Bryan sitting in the Commercial Court granted an anti-suit injunction (ASI) against a third party to a settlement agreement containing a London arbitration clause, in circumstances where the non-party commenced proceedings in China in reliance on the settlement agreement. The applicant’s delay in seeking the ASI did not act as a bar to the relief. Hearings had been taking place in the Chinese proceedings which the English court found did not raise issues of comity, there had been no substantive hearings in the Chinese proceedings and the judgment of the Chinese court had provided some benefit in adding clarity.
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