In the recent case of Koza Ltd and Anor v Koza Altin Isletmeleri AS [2020] EWCA Civ 1018, the Court of Appeal upheld an injunction granted by the High Court which prevented an English company from funding its affiliate’s pursuit of ICSID arbitration proceedings. The injunction was granted, and was upheld, on the basis that the funding was likely to breach a prior undertaking given to the Court by the appellants, even though that question (whether the undertaking would be breached or not) was never going to be decided.
The Court of Appeal’s judgment, which was handed down remotely on 31 July 2020, demonstrates the Court’s expansive jurisdiction to grant interim relief, including to support an existing injunction rather than an underlying claim. However, it also serves as a cautionary reminder that an attempt to raise points and claim remedies that should have been raised earlier in proceedings may well be denied on the grounds of abuse of process.
