The Supreme Court has today given its decision in the case of UniCredit Bank GmbH v. RusChemAlliance LLC after hearing argument on this expedited appeal last Wednesday and Thursday.
The defendant’s jurisdictional appeal has been dismissed. The final mandatory and prohibitory anti-suit injunctive relief granted by the Court of Appeal on 29 January 2024 (see [2024] EWCA Civ 64: see here) has been confirmed and will be made effective by separate order. The Supreme Court (Lord Reed, Lord Sales, Lord Leggatt, Lord Burrows and Lady Rose) will give their judgment at a later date.
This expedited appeal was conducted in the space of ten weeks, after grant of permission by the Supreme Court on 12 February 2024. The anti-suit action itself took eight months from the initial application for without notice relief (granted on 24 August 2023: see here) to final disposal by the Supreme Court, with judgment to follow.
Stephen Houseman KC and Stuart Cribb, together with Professor Jonathan Harris KC (Hon) of Serle Court for the hearing in the Supreme Court, represent the respondent/claimant, instructed by Charles Claypoole, Ram Mashru and Alexander Cox of Latham & Watkins LLP.
