Anti-suit injunctions: exercise of discretion

The English courts will, wherever possible, seek to enforce an agreement between the parties to refer disputes to arbitration. If proceedings are commenced abroad, an anti-suit injunction will normally be issued as a matter of course, unless there are powerful reasons why that should not happen. In Crescendo Maritime Co and Another v Bank of Communications Co Ltd and Others [2015] EWHC 3364 (Comm) it was unsuccessfully argued that there were exceptional grounds for refusing relief.

Crescendo : the facts