Allen & Overy comment on the implications of the Court of Appeal's decision in AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC [2011] EWCA Civ 647, on the English courts' jurisdiction to grant final injunctions restraining foreign proceedings brought in breach of an arbitration agreement, where there is no actual, proposed or intended arbitration.
Note: This decision is being appealed to the Supreme Court, the appeal being listed for hearing on 1 May 2013.