Are Anti-Suit Injunctions by the English Courts 'Suited' to Protect Foreign Seated Arbitrations? Observations on recent judgments involving sanctioned Russian entities and suggested alternatives

Sunt anti-suit injunctions pronunţate de instanţele engleze "potrivite" pentru a proteja arbitrajele cu locul în străinătate? Observaţii cu privire la speţe recente ce implică entităţi ruse sancţionate

Arijit SANYAL, Mino HAN

ABSTRACT

The operation of sanctions against the Russian Federation since Ukraine's invasion seems to have opened a way out of arbitration agreements for Russian entities. As a result, instead of arbitrating their disputes, several Russian entities have approached their national courts. Conversely, the counterparties to such arbitration agreements have started approaching courts across jurisdictions to seek anti-suit injunctions in support of their arbitration agreements. The present publication analyses the approach recently taken by the courts of the United Kingdom when...