Abstract

Principles of anti-suit injunctions

Article

In England, if an injunction is sought to restrain a party from proceeding in a foreign court in breach of an arbitration agreement governed by domestic law, the domestic court need feel no diffidence in granting it, provided that it is sought promptly and before the foreign proceedings are too far advanced. Without it the applicant would be deprived of its contractual rights in a situation in which damages are manifestly an inadequate remedy. The jurisdiction is discretionary, and is not exercised as a matter of course, but good reason needs to be shown why it should not be exercised. Far less offence is likely to be caused if an injunction is granted before the foreign court has assumed jurisdiction: The Angelic Grace [1995] 1 Lloyd's Rep 87; Enka Insaat ve Sanayi A.S v OOO "Insurance Company Chubb" [2019] EWHC 3568 (Comm), where   the English auhorities and principles are extensively rviewed.