Anti-Suit Injunction Preventing Foreign Arbitration - a Bermuda First

In a first of its kind for Bermuda, Taylors successfully obtained an anti-suit injunction preventing a foreign arbitration, in favour of Bermuda Court proceedings.

The Plaintiffs in AK Bakri & Sons Ltd (& Ors) v Asma Abdul Kader Bakri Al Bakri (& anor) [2017] SC (Bda) 40 Com, sought to stay Bermuda court proceedings they had commenced, in favour of arbitration in Saudi Arabia. The Defendants, represented by Taylors, opposed the stay application and also applied for an anti-suit injunction preventing the arbitration.

Mr Justice Hellman’s decision to grant the anti-suit injunction and to refuse the stay, turned on whether there were ‘exceptional circumstances’ both for justifying a stay, and for granting the injunction, per the reasoning of Madam Justice Gloster in Excalibur Ventures LLC v Texas Keystone [2012] All ER (Comm) 933 QB.

 

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BERMUDA (TAYLORS)
Kevin TaylorManaging Partner - TaylorsT +1 441 242 1510kevin.taylor@walkersglobal.com
Nicole ToveyPartner - TaylorsT +1 441 242 1512nicole.tovey@walkersglobal.com