Arbitration Law Monthly

In Renaissance Securities (Cyprus) Ltd v ILLC Chlodwig Enterprises and Others [2025] EWCA Civ 369, an appeal from the decision of HHJ Pelling KC, [2024] EWHC 2843 (Comm), the Court of Appeal discussed the question whether a party to an arbitration clause could seek an anti-suit injunction to prevent proceedings in another jurisdiction against affiliates, thereby undermining the arbitration clause.

In General Dynamics United Kingdom Ltd v State of Libya [2025] EWCA Civ 134; [2025] 1 Lloyd's Rep 273, the question was whether Libya had agreed to waive its sovereign immunity against the enforcement of an arbitration award against it. The Court of Appeal confirmed that no special rules apply to the construction of an agreement to that alleged effect.

The decision of Andrew Baker J in RRY v NKX [2025] EWHC 41 (Comm); [2025] 1 Lloyd's Rep 254, draws attention to the fact that there are no specified time limits in the Civil Procedure Rules for appealing against the refusal of a judge to give leave to appeal against an arbitration award for error of law under section 69 of the Arbitration Act 1996. The court found a partial solution in CPR Part 52.

In earlier proceedings in Tyson International Co Ltd v GIC Re, India, Corporate Member Ltd [2025] Lloyd's Rep IR 609, Christopher Hancock KC reached the provisional conclusion that arrangements between the parties had resulted in agreement whereby exclusive jurisdiction was conferred upon the English courts and that an anti-suit injunction preventing the continuation of proceedings in New York should be continued.