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Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

30/08/2018

Committal proceedings ordered for breach of anti-suit injunction: MTC v PH

On Friday 10 August 2018, Jacobs J gave judgment on the committal application in Mobile Telecommunications Company KSC v HRH Prince Hussam Bin Saud Bin Abdulaziz Bin Saud and ordered a sentence of 12 months imprisonment.

Prince Hussam is a member of the Saudi royal family who, as the arbitration tribunal found, concluded a loan agreement with Mobile Telecommunications Company (MTC) containing an arbitration clause.

In an LCIA arbitration he was found to owe more than US$0.5bn to MTC. But having lost that arbitration he revived competing Saudi proceedings which he had previously stayed. MTC commenced proceedings for an anti-suit injunction. Two interim without notice anti-suit injunctions were granted, by Males J on 1 May 2018, [2018] EWHC 1190 (Comm), and Andrew Baker J on 14 May 2018, [2018] EWHC 1172 (Comm).

On 18 May 2018, Andrew Baker J granted a permanent anti-suit injunction, holding that Prince Hussam’s Saudi proceedings were in breach of the arbitration clause and also vexatious: [2018] EWHC 1469 (Comm). Nevertheless, the Saudi proceedings continued to judgment. MTC commenced committal proceedings alleging this was a contempt. Prince Hussam did not attend.

Jacobs J granted the committal application holding that the contempts alleged were proven. In considering sentencing he concluded that anti-suit injunctions were an important remedy, of equal importance to freezing injunctions.

In the circumstances a sentence of 12 months imprisonment was justified. The judgment is an important confirmation of the English court’s willingness to enforce anti-suit injunctions.

MTC were represented by Thomas Raphael QC, instructed by a team from Pillsbury Winthrop Shaw Pittman LLP led by Deborah Ruff.

 

Relevant members
Thomas Raphael QC
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