Bayerische Landesbank & Anor v Ruschemalliance LLC

Bayerische Landesbank & Anor v Ruschemalliance LLC

The Banks are entitled to final anti-suit injunctive relief because RCA is in clear breach of arbitration agreements governed by English law by pursuing Russian proceedings. The English court has jurisdiction and is the proper forum to enforce the negative promise to arbitrate. There are no strong reasons to refuse relief, and the grant of an anti-suit injunction is just and convenient in all the circumstances.

Parties
Claimant: Bayerische Landesbank; Claimant: Landesbank Baden-Wurttemberg; Defendant: Ruschemalliance LLC
Jurisdiction
England and Wales
Judgment Date
17 July 2024
Procedural Posture
Commercial Court Claim for Anti Suit Injunctions / Final Judgment After Trial
Outcome
Final anti-suit injunctions granted in favour of the Banks against RCA
Legal Topics
Anti Suit Injunctions, Enforcement of Arbitration Agreements, Jurisdiction, Comity, Sanctions and Enforcement
Arbitration Commercial Law Conflict of Laws Anti Suit Injunctions Enforcement of Arbitration Agreements Jurisdiction Comity Sanctions and Enforcement

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Parties

Bayerische Landesbank

Claimant

Landesbank Baden-Wurttemberg

Claimant

Ruschemalliance LLC

Defendant

Procedural Posture

Commercial Court Claim for Anti Suit Injunctions / Final Judgment After Trial

Legal Issues

  1. 1 Whether the English court has jurisdiction to grant anti-suit injunctions against RCA in respect of Russian proceedings in breach of arbitration agreements governed by English law
  2. 2 Whether the Banks are entitled to final anti-suit injunctive relief and related orders against RCA
  3. 3 Whether there are strong reasons to refuse anti-suit injunctive relief

Ratio Decidendi

The Banks are entitled to final anti-suit injunctive relief because RCA is in clear breach of arbitration agreements governed by English law by pursuing Russian proceedings. The English court has jurisdiction and is the proper forum to enforce the negative promise to arbitrate. There are no strong reasons to refuse relief, and the grant of an anti-suit injunction is just and convenient in all the circumstances.

Court Disposition

Final anti-suit injunctions granted in favour of the Banks against RCA

Orders

  • RCA is restrained from continuing or commencing proceedings in Russia in breach of the arbitration agreements in the bonds
  • RCA is ordered to take all necessary steps to discontinue or stay the Russian proceedings against the Banks