ince – Court finds interim relief obtained from foreign court breached arbitration agreement
Aquavita International S.A. v Indagro SA (Aquavita Eternity) [2022] EWHC 892 (Comm)
The English Court has granted an anti-suit injunction to restrain court proceedings brought in Brazil because they breached a charterparty arbitration provision. Anti-suit relief was appropriate because the relief obtained from the Brazilian Court had not been sought in support of substantive proceedings elsewhere but in effect amounted to a determination that left nothing substantive to be decided in arbitration.