Injunctive Relief and International Arbitration


Anti-Suit Injunctions and the Brussels Regulation


3.01 As discussed in Chapter 2, the English courts have always asserted the right to grant an anti-suit injunction against a party commencing judicial proceedings in breach of an arbitration agreement. As demonstrated by cases such as Starlight, Shashoua and AES-UST, the English courts continue to demonstrate their willingness to uphold arbitration agreements. The position in AES-UST was in relation to non-EU parties. Where the parties are from the EU, the jurisprudence from the ECJ has affected the ability of the English courts to grant anti-suit injunctions despite the fact that arbitration is excluded from the scope of Council Regulation 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (“Brussels Regulation”). This chapter discusses the impact of a number of decisions1 by the ECJ, and in particular Allianz SPA & Others v West Tankers Inc 2 This chapter considers:

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2023 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.