Anti-suit injunctions: restraining third parties

The decision of Blair J in BNP Paribas SA v Open Joint Stock Company Russian Machines [2012] 1 Lloyd’s Rep 61 discussed in the May 2012 issue of Arbitration Law Monthly, has been affirmed by the Court of Appeal [2012] 1 Lloyd’s Rep 649.

A number of the important jurisdictional issues discussed by Blair J did not arise on appeal. The most important aspect of the case is the assertion by the English court of its willingness to thwart what might be conduct orchestrated by a party to an arbitration clause to have the issues resolved in litigation elsewhere by the use of an associated company.