Arbitration Act 1996: key cases 2013-14 (Pt 2)

Anti-suit injunctions

U&M Mining v Konkola [2013] EWHC 260 (15/2/13)

The claimant sought a final anti-suit injunction (pursuant to s 37 of the Senior Court Act 1981 and/or s 44 of the Arbitration Act 1996), to restrain the defendant from pursuing proceedings in Zambia. The parties were in a contractual relationship pursuant to which the claimant operated a copper mine owned by the defendant. The defendant terminated the contract on grounds of non-performance.

The defendant also obtained an interim mandatory injunction (ostensibly in support of arbitration) from the Zambian Court, to require the claimant to leave the mine immediately. The claimant commenced LCIA (London Court of International Arbitration) arbitration in London, and sought an anti-suit injunction against the Zambian proceedings, arguing that the seat of the arbitration was London. The defendant contested that the seat of the arbitration was Zambia.

Mr Justice Blair held: (1) the contract had not specified the seat of