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Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Arbitration analysis: In Bank A v Bank B, the Hong Kong Court of First Instance granted an anti-suit injunction and related relief to prevent a Russian bank from pursuing court proceedings in Russia in breach of an arbitration clause contained in the agreement concerned. In so holding, the court rejected the Russian bank¡¯s submission that the case involved acts of state and foreign affairs and that the court had no jurisdiction in the absence of a certificate required by Article 19 of the Basic Law of Hong Kong (¡®Certificate¡¯). Further, the court rejected the Russian bank¡¯s argument that the arbitration in Hong Kong would be futile, pointing out that any award made by the arbitral tribunal would be valid and binding on the parties, even if its performance was impossible. Written by Min Li, partner and Patrick Chong, associate at Reed Smith Richards Butler LLP.