Anti-arbitration injunctions: ousting the powers of the curial court

The decision of the Court of Appeal in Minister of Finance and Another v International Petroleum Investment Co and Another [2019] EWCA Civ 2080 addressed important issues of principle relating to the curial powers of the High Court. The main point in essence was whether it was permissible for the parties to agree that any dispute as to the validity of an arbitration award was to be determined by a further arbitration rather than by the English courts.

The Court of Appeal’s answer was that the choice of England as the seat created a contractual right to seek curial relief from the English courts, one that overrode any provisions in a settlement based on the award seeking to restrain that right.