[2025] EWHC 1368 (Comm)

Finally it should be noted that English law attaches a particular value to an agreement to arbitrate disputes, and to ensuring that such agreements operate in a businesslike way, and are not undermined. The particular policy issues at play in this area are reflected in the special rule for the construction of arbitration agreements in Fiona Trust, the greater readiness to grant anti-suit injunctions than for EJCs (Nori Holding Ltd v Public Joint Stock Company ‘Bank Otkritie Financial Corpn’ [2018] EWHC 1343 (Comm), [106]); in the development of the “quasi-contractual” injunction jurisdiction, and in the injunctive jurisdiction to prevent collateral attacks on the arbitral process or the court’s supervisory role (Sodzawiczny v Smith [2024] EWHC 231 (Comm)). In the course of resolving the legal issues which follow, it is important to keep the particular context in mind, and to recognise that the court is not concerned with a wholly conventional exercise in contractual analysis. With that I turn to the authorities.