- English court grants anti-suit injunction to enforce English arbitration agreement (ZHD v SQO)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: This case involved a clear and logical setting out and application of the law relating to anti-suit injunctions by Mr Justice Calver in the Commercial Court. The court held that the claimant shipowners (the ‘Owners’) were entitled to an interim anti-suit injunction pursuant to section 37(1) of the Senior Courts Act 1981 (SCA 1981) to restrain the defendant (‘SQO’) from pursuing proceedings against the Owners in Vietnam (the ‘Vietnamese action’), in breach of an arbitration agreement providing for London ad hoc arbitration. The court was also prepared to grant a mandatory injunction that SQO apply for a stay of the foreign proceedings. The court also granted permission for alternative service of the claim form and documents and permission to serve those documents out of the jurisdiction. The case demonstrates the continuing willingness of the English courts to support London arbitration by making appropriate orders that will be timely and effective. Practitioners will find the court’s setting out of the principles helpful when making similar applications in the future. Written by Ishfaq Ahmed, barrister at The 36 Group (36 Stone) and at St Philips Chambers.
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