Yesterday, the Court of Appeal issued a decision allowing an appeal by Deutsche Bank and authorizing an anti-suit injunction against the legal proceedings initiated by RCA in Russia. The legal dispute revolved around Deutsche Bank’s non-payment under a guarantee, with their argument being that they were prohibited from making payment due to EU Russia sanctions. The full judgment can be found in the UK Judgments section of this website.
The court granted the anti-suit injunction based on several factors. Firstly, the guarantee contract stipulated that disputes were to be resolved through arbitration in Paris using the ICC rules of arbitration. Additionally, the English court’s decision to issue an anti-suit injunction did not conflict with French public policy concerning anti-suit injunctions. Moreover, the English court was deemed the appropriate jurisdiction for pursuing the claim, and there were no compelling reasons not to grant the anti-suit injunction.
By FCCT Editorial Team

