Deutsche Bank AG v Ruschemalliance LLC 2023 EWCA Civ 1144 - 11 October 2023
Country
Year
2023
Summary
Introduction
1. A guarantee issued by a German bank in favour of a Russian company is governed by English law and provides for arbitration in Paris. When a dispute arises, the Russian company issues proceedings in Russia in apparent breach of the arbitration agreement. Should the English court grant an anti-suit injunction ("ASI") to restrain those proceedings in circumstances where no such injunction could be obtained in France? That is the question raised by this appeal.
2. The guarantee was issued by Deutsche Bank AG ("DB") in favour of RusChemAlliance LLC ("RCA"). DB applied to the Commercial Court without notice for an ASI against RCA which had started proceedings in Russia. The application was heard by Bright J on 17 and 18 August 2023. On 21 August 2023 he handed down judgment (under the name SQD v QYP [2023] EHWC 2145 (Comm)) dismissing the application on the basis that England was not the proper forum and that the English court should not grant the injunctive relief that DB sought.
3. DB appealed to this Court (again without notice). We heard the appeal on an expedited basis on 7 September 2023. We allowed the appeal and granted an ASI, giving very brief reasons. I now give fuller reasons for agreeing to this course.
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