AES Ust-Kamenogorsk Hydropower Plant Llp v Ust-Kamenogorsk Hydropower Plant JSC

AES Ust-Kamenogorsk Hydropower Plant Llp v Ust-Kamenogorsk Hydropower Plant JSC

The English court has jurisdiction under section 37 of the Senior Courts Act 1981 to grant a declaration and anti-suit injunction to protect a party’s right to arbitrate under an English law arbitration agreement, even where no arbitration is on foot or intended, and section 44 of the Arbitration Act 1996 does not apply. The operator had a valid jurisdictional gateway for service out. The English court is not bound to recognise or enforce the Kazakhstan court’s decision annulling the arbitration clause, as it was based on a misinterpretation and contrary to English public policy. The operator did not submit to the jurisdiction of the Kazakhstan court, as its participation was compelled by...

Parties
Claimant / Respondent: AES Ust-Kamenogorsk Hydropower Plant LLP; Defendant / Appellant: Ust-Kamenogorsk Hydropower Plant JSC
Jurisdiction
England and Wales
Judgment Date
27 May 2011
Procedural Posture
Appeal (from Commercial Court, Queen’s Bench Division) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Anti Suit Injunctions, Jurisdictional Gateways, Recognition and Enforcement of Foreign Judgments, Kompetenz Kompetenz, Submission to Foreign Jurisdiction
Arbitration Conflict of Laws Civil Procedure Anti Suit Injunctions Jurisdictional Gateways Recognition and Enforcement of Foreign Judgments Kompetenz Kompetenz Submission to Foreign Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

AES Ust-Kamenogorsk Hydropower Plant LLP

Claimant / Respondent

Ust-Kamenogorsk Hydropower Plant JSC

Defendant / Appellant

Procedural Posture

Appeal (from Commercial Court, Queen’s Bench Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the English court has jurisdiction to grant a declaration and anti-suit injunction in support of an English arbitration agreement where no arbitration is on foot or intended
  2. 2 Whether the operator had a valid jurisdictional gateway for service out of the jurisdiction
  3. 3 Whether the English court should recognise and/or enforce the decision of the Kazakhstan Economic Court annulling the arbitration clause

Ratio Decidendi

The English court has jurisdiction under section 37 of the Senior Courts Act 1981 to grant a declaration and anti-suit injunction to protect a party’s right to arbitrate under an English law arbitration agreement, even where no arbitration is on foot or intended, and section 44 of the Arbitration Act 1996 does not apply. The operator had a valid jurisdictional gateway for service out. The English court is not bound to recognise or enforce the Kazakhstan court’s decision annulling the arbitration clause, as it was based on a misinterpretation and contrary to English public policy. The operator did not submit to the jurisdiction of the Kazakhstan court, as its participation was compelled by...

Court Disposition

Appeal dismissed

Orders

  • The appeal by Ust-Kamenogorsk Hydropower Plant JSC is dismissed.
  • The declaration and anti-suit injunction granted by the Commercial Court are upheld.