Unicredit Bank GmbH v Ruschemalliance LLC 2024 EWCA Civ 64 - 02 February 2024
Country
Year
2024
Summary
The issue in this appeal is whether the English court has jurisdiction to grant an anti-suit injunction to restrain the pursuit of proceedings in Russia when the parties' contract is governed by English law but provides for arbitration in Paris in accordance with the rules of the International Chamber of Commerce; and if so, whether such an injunction should be granted. That issue arises because the respondent, RusChemAlliance LLC ('RCA'), is pursuing a claim for payment before the Arbitrazh Court of St Petersburg and the Leningrad Region under certain on demand bonds issued by the appellant bank, notwithstanding that each of the bonds contains an arbitration clause. It does so contending that the agreement to arbitrate is unenforceable under Russian law, although it has never contended that the arbitration agreement is governed by Russian law.