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English Courts Split Over Anti-Suit Injunctions in Foreign-Seated Arbitrations
8 January 2024
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English courts have recently issued conflicting decisions on whether anti-suit injunctions (“ASIs”) should be granted in foreign-seated arbitrations.
While the decisions were inconsistent, the courts’ analysis in each case focused on the foreign seat’s attitude to ASIs, whether English courts should accept jurisdiction to consider an application for an ASI and whether England was the proper place to bring the claim.
These decisions highlight that parties’ choice of seat of arbitration can impact whether an ASI is available to them. However, even if the seat of arbitration does not provide for an ASI, there is a possibility of getting an ASI from an English court as long as there is an English law connection.
Arbitration & International Disputes
Lord Goldsmith KC
Samantha J. Rowe
Jeffrey Sullivan KC
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