In what circumstances might a Claimant not be permitted to discontinue its claim? This is rarely a live issue, given that the withdrawal of legal claims is generally welcomed by Defendants. In the recent decision of Anatolie Stati and others v. The Republic of Kazakhstan, however, the English High Court set aside the Claimants' Notice of Discontinuance in proceedings commenced in the English courts to enforce an arbitration award, and ordered that the parties should proceed to trial despite the Claimants' wish to withdraw from the proceedings. This update examines the reasons for this decision and its potential implications.
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