High Court refuses anti-suit injunction seeking to stop pre-emptive challenge to arbitration award

In Star Hydro Power Limited v National Transmission and Despatch Company Limited [2024] EWHC 3258 (Comm), the High Court refused to grant an anti-suit injunction to stop a losing party to arbitration from bringing pre-emptive proceedings under the New York Convention. The losing party sought recognition of a single paragraph of the award and a declaration of non-enforceability of other parts of the award. The decision appears to endorse a losing party’s right to challenge enforcement of an award under the New York Convention before the successful party seeks to enforce it. This potentially paves the way for losing parties to make a pre-emptive strike, forcing the successful party to defend its right to enforce an award in a jurisdiction that it may not otherwise have chosen. You can read our full article HERE.