Anti-suit injunctions: restraining foreign insolvency proceedings

The English courts will freely grant an anti-suit injunction to restrain foreign proceedings in breach of an arbitration clause. Bannai v Erez [2013] EWHC 3689 (Comm), a decision of Burton J, is a further example of English practice. The court was unmoved by the facts that the foreign proceedings were brought by a trustee in bankruptcy who was alleging fraud, and that the foreign court had refused to stay its own proceedings.

Bannai v Erez : the facts