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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

07/05/2020

Conditional Restraint

In Times Trading Corporation v National Bank of Fujairah (Dubai Branch) [2020] EWHC 1078 (Comm), Mrs Justice Cockerill held that there would be an anti-suit injunction restraining Singaporean Court proceedings in favour of London arbitration, on condition that the applicant undertake not to rely on a time-bar argument in the London arbitration.

The judgment is of particular interest for its detailed analysis of the authorities relating to the so-called “quasi-contractual” anti-suit injunction. These illustrate the circumstances in which the Court will apply the Angelic Grace test – i.e. restrain foreign proceedings unless there are strong reasons not to do so – where there is not a straightforward, undisputed arbitration agreement (or exclusive jurisdiction clause) between applicant and respondent. The Judge notably remarked (see §54, 73) upon the underlying theme in the case-law of preventing a party from taking the benefit of a (substantive) contract without it also assuming the burden (of the arbitration/jurisdiction provision). That resonates with the reasoning of the UKSC in the recent decision of Aspen Underwriting Ltd v Credit Europe Bank NV [2020] UKSC 11, especially at §26-27.

Applying the Angelic Grace test, the Judge went on to hold that while there were not strong reasons to refuse anti-suit relief, there were nonetheless various discretionary factors, including delay in seeking the injunction, that meant it would only be just and convenient for such relief to be granted on conditional terms.

David Lewis QC appeared for the applicant, leading Hannah Glover of 3 Verulam Buildings.

Read the judgment

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David Lewis QC
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