SQD v QYP (Rev1) [2023] EWHC 2145 (Comm) (21 August 2023)

SQD v QYP (Rev1) [2023] EWHC 2145 (Comm) (21 August 2023)

The English court will not grant interim anti-suit or anti-enforcement injunctions in support of a foreign-seated arbitration (here, Paris) unless there is a sufficient connection to England and Wales and no risk of conflict with the courts of the seat. The unavailability of anti-suit injunctions in France is a deliberate policy choice, not a mere omission, and does not justify English court intervention. The proper forum for such relief is the court of the seat, and the English court should exercise utmost caution and only act where the balance of advantage plainly favours relief, which was not established here.

Citation
[2023] EWHC 2145 (Comm)
Parties
Claimant: SQD; Defendant: QYP
Jurisdiction
England and Wales
Judgment Date
21 August 2023
Procedural Posture
Arbitration Claim (application for Interim Anti Suit and Anti Enforcement Injunctions) / Interim Application, Without Notice, Before Constitution of Arbitral Tribunal
Outcome
Application dismissed
Legal Topics
Anti Suit Injunctions, Anti Enforcement Injunctions, Jurisdiction of English Courts, Support for Foreign Seated Arbitration, Section 37 Senior Courts Act 1981, Section 44 Arbitration Act 1996
Arbitration Civil Procedure Private International Law Anti Suit Injunctions Anti Enforcement Injunctions Jurisdiction of English Courts Support for Foreign Seated Arbitration Section 37 Senior Courts Act 1981 +1 more

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Parties

SQD

Claimant

QYP

Defendant

Procedural Posture

Arbitration Claim (application for Interim Anti Suit and Anti Enforcement Injunctions) / Interim Application, Without Notice, Before Constitution of Arbitral Tribunal

Legal Issues

  1. 1 Whether the English court has jurisdiction to grant interim anti-suit and anti-enforcement injunctions in support of a Paris-seated ICC arbitration governed by English law
  2. 2 Whether it is appropriate to grant such relief where the seat of arbitration is outside England and Wales
  3. 3 Whether the unavailability of anti-suit injunctions in the courts of the seat (France) justifies English court intervention

Ratio Decidendi

The English court will not grant interim anti-suit or anti-enforcement injunctions in support of a foreign-seated arbitration (here, Paris) unless there is a sufficient connection to England and Wales and no risk of conflict with the courts of the seat. The unavailability of anti-suit injunctions in France is a deliberate policy choice, not a mere omission, and does not justify English court intervention. The proper forum for such relief is the court of the seat, and the English court should exercise utmost caution and only act where the balance of advantage plainly favours relief, which was not established here.

Court Disposition

Application dismissed

Orders

  • Application for interim anti-suit injunction refused
  • Application for interim anti-enforcement injunction refused