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02 October 2008
Issue: 7339 / Categories: Features , Procedure & practice
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An uncertain future?

Should the English anti-suit injunction expect another blow from the ECJ? Steven Friel reports

Imagine the following scenario. An English company (UK Co) has entered into a contract with a company (Euro Co) from a far-flung European country (eg Estonia, Bulgaria, Italy, Finland, Poland, or indeed any other of the 26 other member states). Wary of potentially having to litigate in an unfamiliar jurisdiction, UK Co insists upon an English arbitration clause in the contract. Euro Co agrees to this, and their contract duly provides for all disputes to be settled in arbitration before a sole arbitrator in London, applying English law and proceeding in the English language. So far, all fine.

Six months down the line, however, and the parties are in dispute. Euro Co considers that UK Co has breached the contract. Rather than commencing London arbitration, however, Euro Co commences an action in courts in Euro Co’s home jurisdiction.

In these circumstances, can an English court issue an anti-suit injunction restraining Euro Co from proceeding in its home jurisdiction in breach of the

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NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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