C v D,  EWHC 1541 (Comm)
Mr Justice Cooke :
1. On 26 April 2007 Field J granted the claimant (C) an interim anti-suit injunction against the defendant (D) on a without notice application. That interim relief has since been replaced by undertakings from D, from which D now applies to be released, whilst also seeking a stay of the present claim. C seeks final injunctive and declaratory relief against D in the following form:-
"(1) An injunction, pursuant to section 44 of the Arbitration Act 1996 and/or section 37 of the Supreme Court Act 1981 and/or the inherent jurisdiction of the Court, restraining the defendant from bringing any legal proceedings and/or taking any steps to:-
(a) challenge and/or vacate and/or review (otherwise than in the Courts of England and Wales) the Partial Award dated 13 March 2007 [the Partial Award] rendered by [The Tribunal] in a London arbitration between the claimant and the defendant (the "Arbitration") and/or challenge and/or vacate and/or review (otherwise than in the Courts of England and Wales) any other award rendered by the Tribunal in the Arbitration (a "Subsequent Award"); or
(b) enjoin or restrain the claimant from taking any steps to seek to confirm or enforce the Partial Award and/or any Subsequent Award or to seek in any court the registration or conversion into a judgment of the Award and/or any subsequent Award; or
(c) enjoin or restrain the claimant from taking any steps against the defendant in the Courts of England and Wales in respect of the Arbitration and/or the Partial Award and/or any Subsequent Award; or
(d) enjoin or restrain the claimant from taking any further steps in the Arbitration.
(2) Such further or other relief as may be just and appropriate.
(3) A declaration that the Partial Award is final and binding."
D applies for these proceedings to be stayed until after the conclusion of any challenge by it to the Partial Award and/or any subsequent Award in the courts of the United States. It is D's expressed intention to mount such a challenge in the Southern District of New York after the arbitrators have determined the remaining issues in the arbitration and issued their award in relation to them, if not before.