Cross-post: English High Court revokes ASIs but maintains declarations regarding jurisdiction in Bayerische Landesbank and others v RusChemAlliance

In Bayerische Landesbank and others v RusChemAlliance LLC [2025] EWHC 924 (Comm), the English High Court has revoked anti-suit injunctions (ASIs) made in favour of the claimants, but kept in place declarations regarding the court's jurisdiction.

The judgment considered whether it would be possible to revoke declarations as to jurisdiction which included a declaration as to the applicable law of the arbitration agreement. The judge was not persuaded that it would be appropriate to revoke those declarations, as revoking the declarations would not change the fact that the English courts had determined those issues and concluded at the relevant point in  time that it was able to exercise jurisdiction. They could, therefore, not be revoked "any more than a bell can be unrung".

However, the judge decided to revoke the declarations that there had been a breach of the arbitration agreement through the pursuit of Russian proceedings, on the basis that the declarations had a "forward-looking" element and concerned the parties rather than the courts. Circumstances had also changed materially since they were made.

For a full summary of the case, please see this post on HSF's Litigation Notes blog.