BNP PARIBAS SA V OPEN JOINT STOCK COMPANY RUSSIAN MACHINES

[2011] EWHC 308 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Blair, 24 November 2011

Arbitration - Anti-suit injunction - Whether court had jurisdiction to give permission for service outside the jurisdiction - Whether serious issue to be tried - Discretion - CPR 62.1(b) and (c) - CPR Practice Direction 6B, paras 3.1(3) and (6)

The claimant bank made a loan to a subsidiary company of OS, and in turn OS guaranteed the liabilities of the subsidiary to the bank. The guarantee was governed by English law and provided for arbitration in London. The bank commenced arbitration proceedings in December 2010. In January 2011 the bank discovered that an associated company of OS, JSAM, had commenced proceedings in Russia asserting that the guarantee was void. OS was also a party to those proceedings. On 11 April 2001 the bank sought the arbitrator's permission to commence anti-suit proceedings against OS and JSAM. Permission was given by order dated 4 May 2011 and on 27 May 2011 the bank applied to the High Court for permission to serve an anti-suit injunction against JSAM outside the jurisdiction. Jurisdiction was contested. On 28 October 2011, shortly before the matter was to be heard, the bank applied for an interim anti-suit injunction. Blair J granted the injunction sought.