Deutsche Bank AG v RusChemAlliance LLC [2023] EWCA Civ 1144 (11 October 2023)

Deutsche Bank AG v RusChemAlliance LLC [2023] EWCA Civ 1144 (11 October 2023)

The English court is the proper forum to grant an anti-suit injunction to enforce an English law arbitration agreement, even where the seat is Paris, because such relief is unavailable in France but is recognised by French law if granted by a foreign court with sufficient connection. There is no policy objection in French law to recognition of such an injunction, and the ends of justice require enforcement of the parties' contractual bargain.

Citation
[2023] EWCA Civ 1144
Parties
Claimant/appellant: Deutsche Bank AG; Defendant/respondent: RusChemAlliance LLC
Jurisdiction
England and Wales
Judgment Date
11 October 2023
Procedural Posture
Appeal From High Court (commercial Court) / Court of Appeal Judgment on Appeal Against Refusal of Anti Suit Injunction
Outcome
Appeal allowed. Anti-suit injunction and anti-enforcement injunction granted. Permission to serve out of jurisdiction granted.
Legal Topics
Anti Suit Injunctions, Enforcement of Arbitration Agreements, Jurisdiction, Service Out of Jurisdiction, Recognition of Foreign Judgments
Arbitration Commercial Law Conflict of Laws Anti Suit Injunctions Enforcement of Arbitration Agreements Jurisdiction Service Out of Jurisdiction Recognition of Foreign Judgments

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Parties

Deutsche Bank AG

Claimant/appellant

RusChemAlliance LLC

Defendant/respondent

Procedural Posture

Appeal From High Court (commercial Court) / Court of Appeal Judgment on Appeal Against Refusal of Anti Suit Injunction

Legal Issues

  1. 1 Whether the English court should grant an anti-suit injunction (ASI) to restrain Russian proceedings in breach of an arbitration agreement with a Paris seat and English governing law, where such relief is unavailable in France.
  2. 2 Whether England is the proper forum for the claim for injunctive relief.

Ratio Decidendi

The English court is the proper forum to grant an anti-suit injunction to enforce an English law arbitration agreement, even where the seat is Paris, because such relief is unavailable in France but is recognised by French law if granted by a foreign court with sufficient connection. There is no policy objection in French law to recognition of such an injunction, and the ends of justice require enforcement of the parties' contractual bargain.

Court Disposition

Appeal allowed. Anti-suit injunction and anti-enforcement injunction granted. Permission to serve out of jurisdiction granted.

Orders

  • Deutsche Bank AG granted an anti-suit injunction restraining RusChemAlliance LLC from pursuing Russian proceedings in breach of the arbitration agreement.
  • Deutsche Bank AG granted an anti-enforcement injunction restraining RusChemAlliance LLC from enforcing any Russian judgment obtained in breach of the arbitration agreement.