Graham Dunning QC and Stephen Houseman, instructed by Clifford Chance, recently succeeded in the Court of Appeal in upholding an anti-suit injunction in support of a London arbitration that was granted not only against the party to the arbitration agreement but also against another company in the same ownership and/or control, which was alleged to have acted collusively in bringing proceedings in the Courts in Russia challenging the validity of the underlying contract, something that had been agreed to be determined in arbitration. The Court of Appeal held that there was jurisdiction against the non-arbitrating company as “a necessary or proper” party to the proceedings against the company that had agreed to arbitrate.
