Upping the anti

Andrew Otchie reflects on the approach to granting an anti-anti suit injunction

The jurisdiction to grant a final injunction to prevent the breach of an arbitration clause is provided by s 37(1) of the Senior Courts Act 1981.
Where foreign proceedings are brought in breach of an arbitration clause, the court will “ordinarily” grant an anti-suit injunction to restrain those proceedings unless there are “strong reasons” not to do so.
The burden of proof is on the party in breach of the arbitration clause to show that there are strong reasons why an injunction should not be granted.
Where the foreign proceedings are brought in breach of an exclusive jurisdiction or arbitration clause, anti-anti-suit injunctions are frequently granted.

The fight to protect the sanctity of a commodities contract was played out in the Rolls Buildings recently in the Commercial Court before Hamblen J, in Ecom Agroindustrial Corp Ltd v Mosharaf Composite Textile Mill Ltd [2013] EWHC 1267, [2013] All ER (D) 294 (May). When a contract between the buyer and seller of raw cotton provided

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Upping the anti

Andrew Otchie reflects on the approach to granting an anti-anti suit injunction

The jurisdiction to grant a final injunction to prevent the breach of an arbitration clause is provided by s 37(1) of the Senior Courts Act 1981.
Where foreign proceedings are brought in breach of an arbitration clause, the court will “ordinarily” grant an anti-suit injunction to restrain those proceedings unless there are “strong reasons” not to do so.
The burden of proof is on the party in breach of the arbitration clause to show that there are strong reasons why an injunction should not be granted.
Where the foreign proceedings are brought in breach of an exclusive jurisdiction or arbitration clause, anti-anti-suit injunctions are frequently granted.

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Upping the anti

MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Fieldfisher—Mark Shaw

Taylor Wessing—Stephen Whitfield