SRS Middle East FZE v Chemie Tech DMCC – QBD (Comm Ct) (Andrew Baker J) [2020] EWHC 2904 (Comm) – 2 November 2020

Practice – Anti-suit injunction – Disputes arising under contract containing arbitration clause – Defendant commencing arbitration in London – Defendant bringing foreign court proceedings for interim relief – Defendant subsequently bringing further foreign court proceedings for substantive relief – Defendant maintaining that substantive proceedings were required in order to preserve interim relief previously obtained – Claimant applying for anti-suit injunction to restrain the substantive proceedings – Whether good reason for not granting anti-suit injunction – Whether court’s approach should be different in non-ship arrest cases

In June 2018 the claimant concluded a contract with the defendant for the construction of a tank storage terminal in Sharjah (the Contract). The Contract contained an ICC arbitration clause providing that the seat of arbitration should be London. Disputes arose under the Contract. The defendant commenced arbitration in London.