Enka v Chubb: The Court of Appeal grants anti-suit injunction with indemnity costs

The Court of Appeal has today handed down judgment in what may well turn out to be the leading case on the English choice of law rules for ascertaining the proper law of an arbitration agreement and the role of the court of the seat of arbitration in granting anti-suit injunctions.

Related briefings

Force majeure clauses and Covid-19

Jamie Goldsmith QC, James Fox and Ben Zelenka Martin have written a note about the operation of force majeure clauses in the context of COVID-19. It explores the circumstances in which a party might be able to rely on a force majeure provision; the impact of COVID-induced supply constraints; and whether deposits and advance payments would have to be repaid in the event of force majeure.

Material Adverse Change (MAC) clauses and Covid-19

As many businesses grind to a halt amid the COVID-19 outbreak, borrowers and lenders alike will be assessing the ability of companies to service loans and the position under existing and pending contractual arrangements.

Extensions of time and adjournments in the era of Covid-19

The Judgment in Municipio de Mariana & ors v BHP Group Plc & anor may be of interest to those making, or facing, requests for extensions of time for the service of evidence, including where such extensions may result in adjournments of very substantial hearings, as a result of the COVID-19 pandemic.

Latest Briefings

How UK employers can deal with special circumstances of Covid-19

The coronavirus (COVID-19) has been declared a pandemic by the World Health Organization (WHO). As the virus continues to spread extensively, it poses significant challenge to businesses and raises various points of employment law for employers.

COVID-19 and investment protection

As the world grapples with COVID-19, we are seeing some of the most unprecedented State measures of our time. Measures causing severe financial damage to many businesses and industries. Where does that leave foreign investors? Will they be able to claim compensation?

Cayman Islands Employment Update

The first ever electronic meeting of the Cayman Islands Legislative Assembly on 23 April 2020 considered a number of pieces of legislation, largely in response to the COVID-19 emergency, that are likely to be of interest to local employers and employees. This note is intended to provide a brief overview of the key changes: some […]

Corona Crisis: Amendment of the obligation to file for insolvency in CEE

With the fourth law on COVID-19, the Austrian legislator has suspended the obligation of an overindebted debtor to file for insolvency until 30 June 2020, irrespective of the cause of the over-indebtedness. Some other countries in the CEE region have also adopted measures to combat the consequences of COVID-19 as detailed in the following overview…

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