header-logo header-logo

23 July 2009 / Janna Purdie
Issue: 7379 / Categories: Features , Procedure & practice , LexisPSL
printer mail-detail

Non exclusive jurisdiction

How, if at all, will Deutsche Bank affect the restrictions on the use of anti-suit injunctions? Janna Purdie reports

In February the European Court of Justice (ECJ) ruled that anti-suit injunctions restraining another party from commencing or continuing proceedings before the court in another member state were incompatible with the Judgments Regulation (see Allianz SpA v West Tankers [2009] All ER (D) 82 (Feb)).

Three months later the Commercial Court in Shashoua v Sharma [2009] All ER (D) 64 (May) refused to extend the ambit of that principle beyond the EU leaving anti-suit injunctions to fight another day.The outcome of these applications meant that the parties were subject to concurrent proceedings in the English and Texas courts. Highland sought to appeal the anti-suit injunction decision. The Court of Appeal considered two issues: the effect of a non-exclusive jurisdiction clause; whether an anti-suit injunction should have been granted.

Non-exclusive jurisdiction clause

The first instance decision found that where there were parallel proceedings, the proceedings commenced in a different jurisdiction to that provided

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll