Upping the Anti

New Law Journal, 2013, Issue 7572

2 Pages Posted: 28 Aug 2015

Date Written: August 9, 2013

Abstract

The jurisdiction to grant a final injunction to prevent the breach of an arbitration clause is provided by section 37(1) of the Senior Courts Act 1981, which confers upon the Court a general power to grant injunctions “in all cases in which it appears to the court to be just and convenient to do so”. Where foreign proceedings are brought in breach of an arbitration clause, the court will “ordinarily” grant an anti-suit injunction to restrain those proceedings unless there are “strong reasons” not to do so. The burden of proof is on the party in breach of the arbitration clause to show that there are strong reasons why an injunction should not be granted. The Court is not obliged to exercise any particular caution before granting the injunction. Where a defendant is itself seeking (or has obtained) an anti-suit injunction, and thus the Court is asked to grant an anti-anti-suit injunction, caution is called for. However, where the foreign proceedings are brought in breach of an exclusive jurisdiction or arbitration clause, anti-anti-suit injunctions are frequently granted.

Keywords: Anti-anti suit injunctions, Arbitration Act 1996, restraint of foreign proceedings

JEL Classification: New Law Journal, 2013, Issue 7572

Suggested Citation

Otchie, Andrew, Upping the Anti (August 9, 2013). New Law Journal, 2013, Issue 7572. Available at SSRN: https://ssrn.com/abstract=2650698

Andrew Otchie (Contact Author)

12 Old Square Chambers ( email )

United Kingdom

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