Deutsche Bank AG v Ruschemalliance LLC

Deutsche Bank AG v Ruschemalliance LLC

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 in Paris, because such relief is not available in France due to procedural limitations, not public policy objections. The injunction upholds the parties' contractual bargain and is not contrary to French international public policy.

Parties
Claimant/appellant: Deutsche Bank AG; Defendant/respondent: RusChemAlliance LLC
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Interim Anti Suit Injunction Application
Outcome
Appeal allowed
Legal Topics
Anti Suit Injunctions, Enforcement of Arbitration Agreements, Jurisdiction, Recognition of Foreign Judgments
Arbitration Contract Law Private International Law Anti Suit Injunctions Enforcement of Arbitration Agreements Jurisdiction Recognition of Foreign Judgments

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Parties

Deutsche Bank AG

Claimant/appellant

RusChemAlliance LLC

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Interim Anti Suit Injunction Application

Legal Issues

  1. 1 Whether the English court should grant an anti-suit injunction to restrain Russian proceedings in breach of an arbitration agreement with a Paris seat
  2. 2 Whether England is the proper forum for such relief when the seat of arbitration is in France
  3. 3 Whether French law or public policy precludes recognition or enforcement of an English anti-suit injunction

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 in Paris, because such relief is not available in France due to procedural limitations, not public policy objections. The injunction upholds the parties' contractual bargain and is not contrary to French international public policy.

Court Disposition

Appeal allowed

Orders

  • Permission to serve out of the jurisdiction granted
  • Interim anti-suit injunction granted restraining Russian proceedings