Anti Suit Injunction in UK Law

Leading Cases
  • Ecobank Transnational Incorporated v Mr Thierry Tanoh
    • Court of Appeal (Civil Division)
    • 17 Dic 2015

    Injunctive relief may be sought (a) before any foreign proceedings have begun; (b) once they have begun; (c) within a relatively short time afterwards; (d) when the pleadings are complete; (e) thereafter but before the trial starts; (f) in the course of the trial; (g) after judgment. That being so, the longer an action continues without any attempt to restrain it the less likely a court is to grant an injunction and considerations of comity have greater force.

  • Essar Shipping Ltd (Applicant/Claimant) v Bank of China Ltd (Respondent/Defendant)
    • Queen's Bench Division (Commercial Court)
    • 13 Nov 2015

    An anti-suit injunction is a particularly intrusive form of relief, barring a party from access to justice in the forum that it would prefer. In the particular context of anti-suit and anti-enforcement injunctions, lack of promptness will increase the danger that such injunctions, although they are granted against a party and are not directed to the foreign court, will nevertheless be seen as inappropriately interfering with the jurisdiction of the foreign court.

  • Donohue v Armco Inc. and Others
    • House of Lords
    • 13 Dic 2001

    But the general rule is clear: where parties have bound themselves by an exclusive jurisdiction clause effect should ordinarily be given to that obligation in the absence of strong reasons for departing from it.

  • Airbus Industrie GIE v Patel
    • House of Lords
    • 02 Abr 1998

    I approach the matter as follows. As a general rule, before an anti-suit injunction can properly be granted by an English court to restrain a person from pursuing proceedings in a foreign jurisdiction in cases of the kind under consideration in the present case, comity requires that the English forum should have a sufficient interest in, or connection with, the matter in question to justify the indirect interference with the foreign court which an anti-suit injunction entails.

  • Enka Insaat Ve Sanayi A.S. v OOO “Insurance Company Chubb”
    • Court of Appeal (Civil Division)
    • 29 Abr 2020

    The English court as the court of the seat of the arbitration is necessarily an appropriate court to grant an anti-suit injunction and questions of forum conveniens do not arise. It follows, therefore, that by the choice of English seat the parties agreed that the English Court is an appropriate court to exercise the power to grant an anti-suit injunction.

  • Gulf International Ltd v Groupe Chimique Tunisien
    • Queen's Bench Division (Commercial Court)
    • 13 Jul 2009

    In such circumstances this court has required the applicant for an anti-suit injunction to establish “a high degree of probability” that its case against the respondent is right and that it is indeed entitled as of right to restrain the respondent from taking proceedings abroad; see Bankers Trust v Jakarta Int. [1999] 1 Lloyd's Rep. 910 at p.913, and American International Speciality Lines Insurance v Abbott Laboratories [2003] 1 Lloyd's Rep. 267 at p.275.

  • James Petter (Claimant Appellant in 2015/1646 Respondent in 2015/1759) v (1) EMC Europe Ltd (First Defendant) (2) EMC Corporation (Second Defendant Respondent in 2015/1646 Appellant in 2015/1759)
    • Court of Appeal (Civil Division)
    • 27 Jul 2015

    If it is necessary to spell out the principle which emerges from the judgment it is that in a case falling within Section 5 of the Regulation an anti-suit injunction should ordinarily be granted to restrain an employer from bringing proceedings outside the Member States in order to protect the employee's rights.

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Legislation
  • Crime and Courts Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ...... . . (c) is otherwise a suitable person to exercise those powers. . (3) The ... jurisdiction to grant gang-related injunctions 18 Youth courts to have jurisdiction to grant ... . . Anti-social Behaviour Act 2003: sections 13 and 26A to ......
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... of a communication is actionable at the suit or instance of— . (a) (a) the sender of the ... by the Secretary of State for an injunction, or for specific performance of a statutory duty ... (b), (d) and (e) . . . Grade 7 in the Anti-Fraud Unit . All . (b) . . . Home Office . ......
  • The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... (a) (a) suitable alternative routes for other types of rail ... by the Office of Rail and Road for an injunction or for interdict or any other relief. S-42 . ... the regulatory body, to identify potentially anti-competitive pricing (cross-subsidies, predatory ......
  • Patents Act 1977
    • UK Non-devolved
    • 1 de Enero de 1977
    ......offensive, immoral or anti-social behaviour;. .   . ( b . ) for any ...(the application in suit) a declaration is made, whether by the. applicant ...such terms, no injunction or interdict shall be granted. against him and ......
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Books & Journal Articles
  • Antisuit Injunctions and the Doctrine of Comity
    • Núm. 79-2, Marzo 2016
    • The Modern Law Review
    Hin‐Pro International Logistics Limited v CSAV is an important case in the areas of antisuit injunctions, contractual interpretation and private international law. Despite the ambiguities surround...
  • Does a Choice of Law Bind a Claimant in a Direct Action? An Analysis in Relation to Insurance Contracts in a Maritime Law Context
    • Núm. 9-1, Enero 2019
    • Southampton Student Law Review
    • Dominyka Derbutaite
    • University of Southampton
    • 1-13
    This article examines the application of European Union rules on a choice of law in relation to direct action claims, with a focus on insurance contracts in a maritime setting. This is an important...
    ...... arbitration clause, thus asking for an injunction. . The shipper’s insurer argued that under ... or oppressive, thus rejecting to grant anti-suit injunction simply because the arbitration ......
  • Case Notes
    • Núm. 22-6, Diciembre 2015
    • Maastricht Journal of European and Comparative Law
    ...... enforcement of the prohibition against anti-compet itive agreements allowed ta king of ... cour ts that are, in practical ter ms, suitable for hearing the case). 19 §3. THE REASONI NG ... ition or enforcement of an anti-suit injunction issued by an i nternational arbitral t ......
  • Canadian Courts Enforce Foreign Non‐Money Judgments
    • Núm. 70-4, Julio 2007
    • The Modern Law Review
    ...... lik e speci¢c perfo rmance and injunctions were not enforceable in a foreign court. The ... r emedies, such as freezin g orders, anti-suit injunc tions, and Ant on Piller orders , ......
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Law Firm Commentaries
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