LLC Eurochem North-West-2 v Tecnimont SpA

LLC Eurochem North-West-2 v Tecnimont SpA

The anti-suit injunction should be continued because the arbitration agreements require disputes to be resolved in London, the exception permitting applications to foreign courts does not apply, and there was no material non-disclosure justifying discharge of the injunction.

Parties
Claimant: LLC Eurochem North-West-2; Defendant: Tecnimont SpA; Defendant: LLC MT Russia
Jurisdiction
England and Wales
Judgment Date
06 October 2022
Procedural Posture
Arbitration Claim / Application for Anti Suit Injunction / Substantive Return Date Hearing on Continuation or Discharge of Anti Suit Injunction
Outcome
Anti-suit injunction continued; application to discharge refused.
Legal Topics
Anti Suit Injunctions, Arbitration Agreements, Jurisdiction Clauses, Interim Relief, Sanctions Compliance
Arbitration Commercial Law Conflict of Laws Anti Suit Injunctions Arbitration Agreements Jurisdiction Clauses Interim Relief Sanctions Compliance

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Parties

LLC Eurochem North-West-2

Claimant

Tecnimont SpA

Defendant

LLC MT Russia

Defendant

Procedural Posture

Arbitration Claim / Application for Anti Suit Injunction / Substantive Return Date Hearing on Continuation or Discharge of Anti Suit Injunction

Legal Issues

  1. 1 Whether the anti-suit injunction (ASI) should be continued or discharged on its merits
  2. 2 Whether the ASI should be discharged for alleged failure to give full and frank disclosure at the without notice hearing
  3. 3 Whether the Defendants should be permitted to commence proceedings in France or Italy to restrain banks from honouring on-demand bonds

Ratio Decidendi

The anti-suit injunction should be continued because the arbitration agreements require disputes to be resolved in London, the exception permitting applications to foreign courts does not apply, and there was no material non-disclosure justifying discharge of the injunction.

Court Disposition

Anti-suit injunction continued; application to discharge refused.

Orders

  • The anti-suit injunction is continued on its existing terms.
  • Defendants are restrained from commencing or pursuing proceedings in foreign courts to restrain, delay, or impair payment under the bonds, except as permitted in England or by arbitration in London.