Anti-Suit Injunctions - Recent Developments
An anti-suit injunction (‘ASI’) is one of the English Court’s ‘legal nuclear weapons’.
Whilst comity has traditionally required the jurisdiction to be exercised with caution, where the parties have agreed to an exclusive English jurisdiction (or arbitration) clause, the approach of the English Court has long been to grant such an injunction unless there is ‘good reason’ not to do so.
Recent case law has arguably pushed the boundaries of the Court’s jurisdiction, particularly in the field of quasi-contractual ASIs. The Court has also provided guidance on such matters as the relevance, and determination, of the proper law of an arbitration agreement in the context of an ASI application and the relevance of delay in making an application for an ASI.
This new live broadcast session will briefly recap the principles governing the exercise of the Court’s discretion and analyse the recent developments in this area.
What You Will Learn
This live and interactive broadcast will cover the following:
- The applicable legal principles governing the grant of a contractual or quasi-contractual anti-suit injunction
- Developments in recent case law, including:
- The relevance - and determination of - the proper law of an arbitration injunction in the context of an application for an ASI
- The significance of delay in making any such application
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.