Conflict of laws

Unconscionable conduct was a well-established requirement for the grant of an anti-suit injunction. There was no case which found unconscionable conduct on the part of a foreign party who: had not agreed to litigate or arbitrate in England; had been the first to issue court proceedings; had an arguable, if apparently, at any rate to English eyes, weak case under the admittedly applicable law of the foreign forum; had a legitimate juridical advantage in seeking to litigate in the forum of its domicile and its disputed obligation; and who had not submitted to or participated in the English proceedings.

There was something of a touch of egoistic paternalism in an English court injuncting continuation of the foreign proceedings in such a case.