Commercial Court grants anti-suit injunctions against Mexican and US parties in relation to proceedings in Mexico
On 4 December 2023, Bright J granted anti-suit injunctions restraining proceedings in Mexico alleged to be in breach of an exclusive jurisdiction clause in favour of the English Court in one contract (governed by English law), and an exclusive ICC arbitration clause in another contract (governed by Mexican law, which law was assumed for the purposes of the application also to apply to the agreement to arbitrate).
Bright J also granted other relief and accepted undertakings in lieu of anti-suit relief from seven other Mexican and US parties. The relief continued and extended relief granted by Foxton J at a without notice hearing on 31 October 2023.
The Claimant, PT Services Malta Limited, is a company in the Playtech plc group. The group provides software and related services to support online gaming activities.
The Defendants are primarily companies in the Caliente group. Caliente, through its subsidiary Caliplay, owns a successful online sports betting and gaming business in Mexico, to which PT Services Malta Limited supplies software and services and from which it receives fees and a profit share.
The Judgment is notable for the discussion of the interaction between section 37(1) Senior Courts Act 1981 and section 44 Arbitration Act 1996 where anti-suit relief is sought in the arbitration context and of what is “vexatious and oppressive” behaviour for the purposes of anti-suit relief.
The Judgment also discusses the approach where different contracts between some of the same parties contain dispute-resolution provisions pointing in different directions.
Orlando Gledhill KC and Mehdi Baiou appeared for the claimant, which successfully obtained anti-suit injunctions and associated undertakings, instructed by Bryan Cave Leighton Paisner LLP. A copy of the judgment can be found on the link below.View Judgment