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Commercial Disputes Weekly – Issue 1214 January 2020

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BITE SIZE KNOW HOW FROM THE ENGLISH COURTS

Arbitration
English Commercial Court provides useful analysis of the effect of choosing an English seat when determining whether it should issue an anti-suit injunction to restrain litigation allegedly brought in breach of an arbitration clause.
Enka Insaat ve Sanayi AS v OOO “Insurance Company Chubb” & Ors

Jurisdiction
In a case which provides an important reminder of the importance of giving full and frank disclosure on applications for permission to serve out, High Court confirms that an order originally giving permission should be set aside.
Punjab National Bank (International) Ltd v Srinivasan & Ors

Privilege
Rejecting an application for an injunction to restrain use of documents, English court holds that while it may be possible to use another person’s privilege as a shield to prevent a third party from compelling disclosure, another person’s privilege could not be used as a sword where no other right existed.
HML PM Ltd v Canary Riverside Estate Management Ltd & Anr

FOR MORE INFORMATION

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