Executive Summary
- Diageo DV Ltd (Claimant) seeks an interim anti-suit injunction to restrain Nio S.R.L. (Defendant, in liquidation) from pursuing Italian court proceedings.
- The dispute concerns withheld payment of €780,008 from a Deferred Payment under a Share Purchase Agreement (SPA) for shares in Niococktails s.r.l.
- The SPA (governed by English law) contains an exclusive English jurisdiction clause (clause 24), while a related Deed of Transfer contains an exclusive Italian jurisdiction clause (Article 8).
- The English court granted the interim injunction on 6 August 2025, prioritizing the SPA’s jurisdiction clause and preventing parallel litigation in Milan.
Sanctions Highlights
- — No sanctions implications identified in the case.
Emerging Risks
- Potential jurisdictional conflicts arising from overlapping jurisdiction clauses in related agreements (SPA vs. Deed of Transfer).
- Risk of increased litigation costs and delays due to parallel proceedings in different jurisdictions.
- Possible challenges to service validity under Italian law may complicate procedural timelines.
- The Defendant’s liquidation status may affect enforcement and recovery prospects.
Geopolitical Impact
- The case underscores the primacy of English courts in cross-border commercial disputes involving UK and EU entities post-Brexit.
- Highlights ongoing legal friction points between UK and EU jurisdictions, here Italy, in enforcing jurisdiction agreements.
- Reinforces the role of the 2005 Hague Convention on Choice of Court Agreements in supporting UK jurisdictional claims internationally.
- Reflects broader US-linked commercial interests via Proximo Spirits Inc and McGregor Sports and Entertainment LLC, indicating transatlantic business ties.
Economic Intelligence
- The dispute involves a significant sum withheld (€780,008) from a Deferred Payment of €1.25 million under the SPA.
- The underlying commercial transaction relates to the alcoholic beverages sector, with Niococktails linked to promotional agreements involving US entities.
- Settlement of prior claims by Niococktails with US parties for US$1 million impacts payment obligations and risk allocation.
- The injunction protects Diageo’s financial interests and mitigates exposure to fragmented litigation costs.
Strategic Recommendations
- Monitor developments in the anti-suit injunction proceedings, including any Defendant applications to set aside the order.
- Prepare for potential enforcement challenges given Defendant’s liquidation and cross-jurisdictional complexities.
- Advise clients on the importance of clear, consistent jurisdiction clauses in multi-agreement transactions to avoid parallel litigation.
- Leverage the 2005 Hague Convention framework to reinforce jurisdictional protections in future contracts.
- Assess risks related to service of process in foreign jurisdictions and plan for contingencies.
- Consider the impact of US-linked commercial relationships on dispute resolution strategies.
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**Source Notes:**
Sanctions Intelligence Digest, [https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/2109.html](https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/2109.html)