UK Supreme Court confirms power to issue anti-suit injunction even when no arbitration underway or proposed

The Supreme Court has confirmed that the English court has jurisdiction to injunct the continuation or commencement of foreign proceedings brought in breach of an arbitration agreement, even in the absence of an actual, proposed or intended arbitration: Ust-Kamenogorsk Hydropower Plant JSC (Appellant) v AES Ust-Kamenogorsk Hydropower Plant LLP (Respondent) [2013] UKSC 35. Following the now famous decision in West Tankers Inc v Allianz SpA [2009] 1 AC 1138, it should be noted that this power only applies against jurisdictions which fall outside the Brussels Regulation and Lugano Convention (ostensibly, non-EU countries). Click here to read more about the Supreme Court's decision on our arbitration blog.