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08 August 2013 / Andrew Otchie
Issue: 7572 / Categories: Features , Commercial
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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.

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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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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