In Renaissance Securities (Cyprus) Limited v ILLC Chlodwig Enterprises and Others [2024] EWHC 2843 (Comm), the High Court confirmed the high bar to be met to successfully obtain anti-suit injunctive relief in respect of claims brought against third parties to arbitration agreements in a foreign jurisdiction.
The Court, in dismissing the Claimant's application, noted that the Claimant was required to demonstrate to a high degree of probability that the arbitration agreements had the effect of capturing such third-party claims. The Court applied the approach in Clearlake Shipping Pte Ltd v Xiang Da Marine Pte Ltd [2019] EWHC 2284 (Comm), which set out the principles of construction in relation to an exclusive jurisdiction clause, and noted the important disctinction in this case that, as the contract in question was an arbitration agreement, requiring a third party to arbitrate against its will must be approached with "great caution." The Court concluded that as a matter of their proper construction, the arbitration agreements were not intended to and did not apply to claims by or against the parties by a non-party. The Court also declined to grant anti-suit relief on alternative grounds.
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