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Caribbean Court of Justice Allows Appeal with Far-Reaching Ramifications for Anti-Arbitration Injunctions
8 July 2013
The British Caribbean Bank (BCB) has successfully won its appeal before the Caribbean Court of Justice (CCJ) against the Government of Belize in a critical decision on the availability of anti-arbitration injunctions. The CCJ granted the BCB’s appeal from the decision of the Court of Appeal of Belize, discharging an anti-arbitration injunction which had been in place since December 2010, and granting BCB its costs.
The decision is the first decision of a very senior supranational common law court on the availability of anti-arbitration injunctions, and provides a clear and welcome statement that only in the rarest cases and in exceptional circumstances should a party be prevented from pursuing an international arbitration.
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