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NLJ this week: French or English? Arbitration anti-suit injunctions depend on your choice!

27 October 2023
Issue: 8046 / Categories: Legal News , Arbitration
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A surge in decisions on anti-suit injunctions in the presence of an arbitration clause has caused the courts to grapple with the differences between the English and French legal systems

The reasons are that Paris is a popular choice for arbitration while English law is often chosen as the governing law, write Thomas Kendra, Emerson Holmes, and Emma Ball from Hogan Lovells, in this week’s NLJ.

Whether the anti-suit injunction is granted or not depends on whether a French or English style of interpretation is taken.

The authors write: ‘The deliberations of the English courts appear to be centring around two increasingly pronounced schools of thought: those who are in favour of granting anti-suit injunctions due to perceived similarities between the French and English legal systems and those who are against on the basis of perceived fundamental differences.’

Ball, Holmes and Kendra look at five recent cases in the English Commercial Court and Court of Appeal, as they discuss this evolving phenomenon in multi-jurisdiction arbitration cases. 

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NEWS
In a very special tribute in this week's NLJ, David Burrows reflects on the retirement of Patrick Allen, co-founder of Hodge Jones & Allen, whose career epitomised the heyday of legal aid
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
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