English Commercial Court upholds comity in refusing anti-anti-arbitration injunction against Malaysian proceedings

Our international arbitration and disputes teams have written an article discussing the recent decision of Euronav Shipping NV (Euronav) v Black Swan Petroleum DMCC (BSP) [2024] EWHC 986 (Comm). The English Commercial Court has underscored the role of comity in international disputes. The case involved ongoing proceedings in the Malaysian High Court and arbitration under the London Maritime Arbitrators Association. An application for an anti-anti-arbitration injunction was subsequently made before the English Commercial Court. This case highlights the discretion applied by the English Court in deciding whether to grant injunctions of this nature as well as the role of comity and delay in the English Court’s decision.

The full article can be found here.