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CHAPTER 7 ANTI-SUIT INJUNCTIONS

Modern Maritime Law and Risk Management

CHAPTER 7 ANTI-SUIT INJUNCTIONS 1 INTRODUCTION An anti-suit injunction is an order obtained from the court to restrain a litigant from continuing court proceedings on the ground that the English court, or an arbitral tribunal, or a court of another forum has jurisdiction on the matter. The principal aim of the injunction is to resolve clash of jurisdictions and prevent irreconcilable judgments or to enforce the parties’ agreement to arbitrate. The English court has jurisdiction to grant injunctions on the basis of s 37 of the Supreme Court Act 1981 which provides that: ‘the High Court may by an order … grant an injunction … in all cases in which it appears to the court to be just and convenient to do so’.

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