“ALAIGYR JOINT VENTURE” LLP v “BAUPROJEKT” LLP

CASE No: AIFC-C/CFI/2023/0001
18.01.2023
Keywords
# Anti-suit injunction
# Jurisdiction
# Construction
# Contract
# Arbitration clause
Judges
Sir Rupert Jackson
Summary
Alaigyr Joint Venture LLP applied to the AIFC Court for an anti-suit injunction to prevent BauProjekt LLP from continuing court proceedings in the Karaganda Economic Court, arguing that the dispute should be resolved through arbitration under an arbitration agreement contained in a related contract. The Court found that the court proceedings were based on a separate contract that did not contain an arbitration clause and that any overlap with the ongoing arbitration was limited. The application was dismissed because it was brought late, was not properly notified to the defendant, and failed to demonstrate sufficient grounds for restraining the Karaganda proceedings. Download PDF

Judgment Content