Deals & Cases

Arbitral Tribunal issues anti-enforcement injunction

An international Arbitral Tribunal sitting in Zurich has ordered a respondent in an arbitration not to enforce a judgment obtained from a European state court before the final award in the arbitration is rendered.In a license and patent related dispute, the respondent had commenced a series of state court litigations before a European state court and had obtained judgments in its favor. The claimant in the arbitration, represented by Homburger (arbitration specialists Balz Gross, Claudio Bazzani, Melissa Magliana and IP / IT partner Andri Hess) requested the arbitral tribunal to enjoin respondent from enforcing the state court judgments. Based on a finding that the respondent had violated the arbitration agreement, the arbitral tribunal ordered respondent not to enforce the judgment obtained from the state court during the pending arbitration proceedings.