Court of Appeal upholds anti-suit injunction against non-party to arbitration clause

The Court of Appeal has upheld an anti-suit injunction against a non-party to an arbitration clause on the grounds that Russian proceedings being pursued by that non-party were vexatious and oppressive: Joint Stock Asset Management Company Ingosstrakh Investments v BNP Paribas SA [2012] EWCA Civ 644. This decision demonstrates that, in some circumstances, the English courts may be willing to grant an anti-suit injunction against a third party who (unlike the defendant) is not bound by a dispute resolution clause and who has attempted to undermine the effect of the clause by bringing competing proceedings elsewhere. Click here to read more about the decision on our arbitration blog.