Mobile Telecommunications Company LTD (“Claimant”) and HRH Prince Hussam Bin Saudi Bin Abdulaziz Al Saud (“Defendant”) concluded a loan agreement in 2010. It provided for LCIA arbitration with a seat in London in the event of a dispute between the parties.
The arbitral tribunal, constituted in 2013, refused to stay proceedings because of the proceedings brought earlier, in 2012, by Defendant in Saudi courts and issued two arbitral awards in Claimant’s favour. Following the arbitral tribunal’s refusal to stay, Defendant discontinued the national proceedings. However, once the final award was issued, Defendant obtained their resumption. Upon these facts, Claimant requested an anti-suit injunction.
The High Court of Justice concludes that by reinitiating those proceedings, Defendant is seeking to avoid its obligations under the arbitration agreement and to re-litigate the case in another forum. Accordingly, the anti-suit injunction is granted.