The English courts can no longer grant an anti-suit injunction to restrain a party from commencing or pursuing court proceedings in an EC member state or Lugano Contracting State. That they could not do so to restrain a breach of an exclusive English court jurisdiction agreement has been clear for some time as a result of the decisions of the European Court of Justice (ECJ) in Gasser v Misat, Case C-116/02 [2003] ECR I-14693 and Turner v Grovit, Case C-159/02 [2004] ECR I-3565. The English court had, however, continued to grant such injunctions where the proceedings were in breach of an arbitration clause, 1 on the basis that arbitration proceedings fall outside the scope of the Council Regulation (EC) No 44/2001 on jurisdiction and the rec...
According to the principle of reciprocal faith among the judicial systems of the Member States of th...
An anti-suit injunction is a means to support arbitration that may be issued either by courts or arb...
The present article analyses the anti-suit injunction, an eq- uitable tool used by common law courts...
Where a party amenable to the jurisdiction of the English courts commences proceedings in a foreign ...
Where a party amenable to the jurisdiction of the English courts commences proceedings in a foreign ...
The European Court of Justice has recently ruled in the case C-185/07 West Tankers (Allianz) that un...
In spite of the unequivocal decision of the ECJ in The Front Comor [2009] 1 Lloyd’s Rep 413 that ant...
In the course of arbitral proceedings (whether before or during proceedings) a party may need to see...
Despite agreeing that courts should exercise great caution concerning anti-foreign-suit injunctions,...
Anti-arbitration injunctions are a controversial issue in the field of international arbitration. Wh...
The principle of anti-suit injunctions has been deeply rooted in the English legal system since the ...
Antisuit injunctions are issued by a court to prevent a party from bringing suit in another forum. T...
The principle of anti-suit injunctions has been deeply rooted in the English legal system since the ...
The national courts’ intervention in the arbitration process is inevitable if the trial is expected ...
This paper examines the recent significant ruling of the Court of Appeal on jurisdiction to adjudica...
According to the principle of reciprocal faith among the judicial systems of the Member States of th...
An anti-suit injunction is a means to support arbitration that may be issued either by courts or arb...
The present article analyses the anti-suit injunction, an eq- uitable tool used by common law courts...
Where a party amenable to the jurisdiction of the English courts commences proceedings in a foreign ...
Where a party amenable to the jurisdiction of the English courts commences proceedings in a foreign ...
The European Court of Justice has recently ruled in the case C-185/07 West Tankers (Allianz) that un...
In spite of the unequivocal decision of the ECJ in The Front Comor [2009] 1 Lloyd’s Rep 413 that ant...
In the course of arbitral proceedings (whether before or during proceedings) a party may need to see...
Despite agreeing that courts should exercise great caution concerning anti-foreign-suit injunctions,...
Anti-arbitration injunctions are a controversial issue in the field of international arbitration. Wh...
The principle of anti-suit injunctions has been deeply rooted in the English legal system since the ...
Antisuit injunctions are issued by a court to prevent a party from bringing suit in another forum. T...
The principle of anti-suit injunctions has been deeply rooted in the English legal system since the ...
The national courts’ intervention in the arbitration process is inevitable if the trial is expected ...
This paper examines the recent significant ruling of the Court of Appeal on jurisdiction to adjudica...
According to the principle of reciprocal faith among the judicial systems of the Member States of th...
An anti-suit injunction is a means to support arbitration that may be issued either by courts or arb...
The present article analyses the anti-suit injunction, an eq- uitable tool used by common law courts...