Anti Suit Injunction in UK Law
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Ecobank Transnational Incorporated v Mr Thierry Tanoh
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The fact that at some stage the foreign court has ruled in favour of its own jurisdiction is not per se a bar to an anti-suit injunction: see AES. But, as each stage is reached more will have been wasted by the abandonment of proceedings which compliance with an anti-suit injunction would bring about. 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.
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Donohue v Armco Inc. and Others
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If contracting parties agree to give a particular court exclusive jurisdiction to rule on claims between those parties, and a claim falling within the scope of the agreement is made in proceedings in a forum other than that which the parties have agreed, the English court will ordinarily exercise its discretion (whether by granting a stay of proceedings in England, or by restraining the prosecution of proceedings in the non-contractual forum abroad, or by such other procedural order as is appropriate in the circumstances) to secure compliance with the contractual bargain, unless the party suing in the non-contractual forum (the burden being on him) can show strong reasons for suing in that forum.
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Airbus Industrie GIE v Patel
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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.
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OT Africa Line Ltd v Magic Sportswear Corporation
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As a broad proposition of law, an anti-suit injunction may be granted where it is oppressive or vexatious for a defendant to bring proceedings in a foreign jurisdiction but Société Nationale Industrielle Aerospatiale v Lee Kui Jak [1987] AC 871 emphasised that the mere fact that the English court refused a stay of English proceedings on the grounds of forum non conveniens did not itself justify the grant of an injunction to restrain foreign proceedings.
Whatever country it is to the courts of which the parties have agreed to submit their disputes is the country to which comity is due. It is not a matter of an English court seeking to uphold and enforce references to its own courts; an English court will uphold and enforce references to the courts of whichever country the parties agree for the resolution of their disputes. This is to uphold party autonomy not to uphold the courts of any particular country.
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Enka Insaat Ve Sanayi A.S. v OOO “Insurance Company Chubb”
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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.
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Turner v Grovit
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Under English law, a person has no right not to be sued in a particular forum, domestic or foreign, unless there is some specific factor which gives him that right. The applicant does not have to show that the contractual forum is more appropriate than any other; the parties' contractual agreement does that for him.
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Investigatory Powers Act 2016
... ... of a communication is actionable at the suit or instance of—(a) the sender of the ... by the Secretary of State for an injunction, or for specific performance of a statutory duty ... ) power extended (23.5.2018) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), ss. 63(6), ... ...
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Crime and Courts Act 2013
... ... be actionable, at the Secretary of State's suit or instance, against the person in breach ... arrested on suspicion of breaching injunction under Part 4 is to be brought) for the words from ... of Justice Act 1985: section 53(2) (c) ,Anti-social Behaviour Act 2003: sections 13 and 26A to ... ...
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Financial Services and Markets Act 2023
... ... (a) (a) by injunction, or ... (b) (b) in Scotland, by interdict or by ... conferred by section 49 of the Sanctions and Anti-Money Laundering Act 2018 (power of appropriate ... of subsection (1) is actionable at the suit of a private person who suffers loss as a result ... ...
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Thomas Raphael, THE ANTI-SUIT INJUNCTION Oxford: Oxford University Press (www.oup.com), 2008. lxxv + 483 pp. ISBN 9780199287321. £95.
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Anti‐suit Injunctions and the Doctrine of Comity
Hin‐Pro International Logistics Limited v CSAV is an important case in the areas of anti‐suit injunctions, contractual interpretation and private international law. Despite the ambiguities surround...... ... jurisdiction clause as ‘exclusive’ in the context of a ‘contractual background’, and affirmed the continuation of the anti-suit injunction granted by the Commercial Court. It is argued that the approach of applying the common law principles of contractual interpretation to a bill of ... ...
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Does a Choice of Law Bind a Claimant in a Direct Action? An Analysis in Relation to Insurance Contracts in a Maritime Law Context
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 ... ...
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Case Notes
... ... enforcement of the prohibition against anti-compet itive agreements allowed ta king of ... that recogn ition or enforcement of an anti-suit injunction issued by an i nternational arbitral ... ...
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Commercial Court in London Grants Anti-Suit Injunction for Breach of Arbitration Agreement
The Commercial Court in London recently granted an anti-suit injunction in order to halt Lebanese legal proceedings brought in breach of an English arbitration agreement: Perkins Engines Company Lt...
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Arbitration: English seat does not guarantee English governing law and anti-suit injunction
The English High Court (Andrew Baker J) has refused to hear an application for an anti-suit injunction to restrain proceedings in Russia allegedly in breach of an arbitration agreement. The court ...
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Do Not Delay! The Early Bird Catches the Anti-Suit Injunction
The recent case of ADM Asia-Pacific Trading PTE Ltd v PT Budi Semesta Satria [1] illustrates the need for parties to act promptly and carefully when faced with proceedings contrary to an arbitratio...
- QBiT - How To Get An Anti-Suit Injunction (Video)