The Battle for Jurisdiction: Navigating the Irreconcilable Divide Between UK and Russian Courts in Disputes Involving Sanctions and Arbitration Agreements - ASA Bulletin View The Battle for Jurisdiction: Navigating the Irreconcilable Divide Between UK and Russian Courts in Disputes Involving Sanctions and Arbitration Agreements by - ASA Bulletin The Battle for Jurisdiction: Navigating the Irreconcilable Divide Between UK and Russian Courts in Disputes Involving Sanctions and Arbitration Agreements 43 2

The judicial conflict between the UK and Russia has markedly intensified due to a surge in anti-suit injunctions (ASIs), anti-antisuit injunctions (AASIs), and anti-enforcement injunctions (AEIs). This friction was exacerbated by Russia’s 2020 Federal Law No. 171-FZ, which expanded the jurisdiction of Russian courts over disputes involving sanctioned Russian entities.

This article examines the jurisdictional divide created by these legislative changes, the conflicting approaches of English and Russian courts, and the enforcement challenges that have emerged. It also explores Russian courts’ growing tendency to assert exclusive jurisdiction over disputes involving sanctioned parties, even where arbitration clauses exist, and contrasts this with the UK judiciary’s firm stance in upholding arbitration agreements through ASIs, AASIs, and AEIs.

ASA Bulletin