![[2025] EWHC 1368 (Comm)](https://backend.juristeca.com/files/emisores/logo_WAai98v.png){kind=logo}
D THE “WHOLLY CONTRACTUAL” ANTI-SUIT CLAIMS
D THE “WHOLLY CONTRACTUAL” ANTI-SUIT CLAIMS
I shall first consider the applications for what might be regarded as the most straightforward form of anti-suit injunction: where one party to an arbitration or exclusive jurisdiction agreement sues another party to that agreement, to restrain it from pursuing proceedings against the applicant elsewhere than in the chosen forum. I will also deal in this section with cases in which anti-suit relief is sought by a non-signatory who is entitled to enforce the exclusive forum agreement under the 1999 Act.
Each of the UMAA, CA and ISDA Arbitration Agreements are governed by English law (Enka Inaat ve Sanayi AS v OOO Insurance Company Chubb [2020] 1 WLR 4117).
- Heading
- A INTRODUCTION
- The parties
- The evidence
- The UMAA
- The Client Agreement
- The ISDA Master Agreement
- The Terms
- The Correspondent Bank Account
- C THE BACKGROUND
- Proceedings in the Russian courts
- D THE “WHOLLY CONTRACTUAL” ANTI-SUIT CLAIMS
- The UMAA and the Client Agreement
- The 2017 Terms
- Which of the JPM Entities are entitled to enforce the 2017 Terms Arbitration Agreement?
- What is the effect of the contractual hierarchy provisions on the status of the 2017 Terms Arbitration Agreement in relation to the various claims brought by VTB?
- The ISDA Master Agreement
- E THE APPLICATION BY A CONTRACTING PARTY TO RESTRAIN CLAIMS AGAINST NON-CONTRACTING PARTIES AS A MATTER OF CONTRACT
- Contractual promises not to sue third parties
- Cases where a third party seeks to enforce a contractual right which is subject to an arbitration agreement
- The special status of arbitration agreements under English law
- The authorities
- The construction argument
- An implied term
- F THE APPLICATION TO RESTRAIN CLAIMS ON THE “VEXATIOUS AND OPPRESSIVE” BASIS
- The UMAA and Client Agreement Claims
- The ISDA Claim
- G SHOULD THE COURT REFUSE TO MAKE THE INJUNCTION IN THE EXERCISE OF ITS DISCRETION?
- H THE CLAIM FOR AN ANTI-ENFORCEMENT INJUNCTION
- I VTB’S CHALLENGE TO JURISDICTION
- Forum non conveniens
- Alternative service
- Conclusions