Restraining a foreign arbitration

Recent English cases have cast doubt on the jurisdiction of the English courts to grant an anti-arbitration agreement where the arbitration has its seat in England. However, the English courts have asserted the right to grant an anti-arbitration injunction against a party who is seeking to pursue an arbitration with its seat elsewhere, in circumstances where the English courts have jurisdiction over that party and his actions are in breach of contract or otherwise oppressive. The grant of an anti-arbitration injunction against a party to a foreign arbitration was considered by Mr Justice Lightman in Albon v Naza Motor Trading SDN BHD (No 4) [2007] 2 Lloyd’s Rep 420) and, on appeal, by the Court of Appeal, [2007] EWCA Civ 1124.