Khawar Qureshi QC provides an overview of recent key arbitration decisions
The highlighted decisions in this two-part series emphasise the strong support provided to the arbitral process. They also combine to confirm the narrow aperture for any successful court challenge to take place.
The Supreme Court
Ust-Kamenogorsk v AES [2013] UKSC 35 (12/6/13) , (“the AES case”)
While English Court anti-suit (pro-arbitration) injunctions within the EU regime were dealt a severe blow by the West Tankers case [2009] 1AC 1138 the ability to restrain a party to an arbitration agreement from commencing court proceedings outside the EU remains a very powerful feature of London based arbitration.
In the AES case (the context being various disputes relating to an agreement governed by Kazakh Law for the provision of energy in Kazakhstan), the Kazakh Supreme Court had declared the arbitration clause invalid in 2004. At all levels, the English Courts considered that they were not bound by the Kazakh Court decision (which was purportedly in respect of
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