Caught in the middle – competing Jurisdictions, anti-suit injunctions, anti-anti-suit injunctions, sanctions and article 248 of Russian Commercial Procedure Code
Caught in the middle – competing Jurisdictions, anti-suit injunctions, anti-anti-suit injunctions, sanctions and article 248 of Russian Commercial Procedure Code

Summary/Abstract: This article explores the intricate relationship between interim measures, such as anti-suit injunctions, anti-anti-suit injunctions, and the recent legislative developments stemming from the judicial interpretation of Article 248 of the Russian Commercial Procedure Code. It examines the implications of the Russian Federation’s evolving approach to arbitration agreements involving foreign parties, highlighting the challenges faced by non-Russian parties operating within this framework. The paper further touches upon legislative efforts aimed at supporting parties impacted by Russian measures and ensuring fair and effective dispute resolution and access to justice in the face of international legal conflicts. Additionally, it analyses recent English case law illustrating the English courts’ commitment to upholding arbitration agreements, supporting parties by way of interim measures, while also leaving scope for flexibility while navigating the complexities of conflicting legal regimes.

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