Protecting the arbitration agreement: anti-enforcement injunctions

The English courts will, by anti-suit injunction, readily restrain a party to an arbitration clause from commencing or maintaining judicial proceedings elsewhere. The question in Ecobank Transnational Inc v Tanoh [2015] EWCA Civ 1309 was whether an injunction should be granted to restrain the enforcement of judgments obtained in overseas proceedings brought in contravention of an arbitration clause. The Court of Appeal recognised that the necessary jurisdiction existed, although it was likely to be in limited situations only.

In particular, if it had been open to the claimant to seek to restrain the defendant’s participation in the proceedings, rather than to await their outcome and to restrain enforcement of the judgment, the delay involved on the part of the claimant would defeat the application. The leading judgment in this important case was given by Christopher Clarke LJ.