Anti-suit injunctions: the parties to an arbitration agreement

In Rochester Resources Ltd and Others v Lebedev and Another [2014] EWHC 2926 (Comm), Jonathan Hirst QC, sitting as a Deputy Judge of the High Court, was asked to grant an anti-suit injunction to restrain judicial proceedings in New York as they were allegedly in breach of an arbitration clause. The question for the court was whether parties to the agreement containing the arbitration clause, and the arbitration clause itself – which were companies – had acted on behalf of the individuals who allegedly controlled those companies and who were parties to the New York litigation.

Rochester Resources : the facts