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5 Anti-Suit Injunctions and Arbitrators

Injunctive Relief and International Arbitration

5

Anti-Suit Injunctions and Arbitrators

INTRODUCTION

5.01 The ability of English courts to continue to grant anti-suit injunctions in relation to non-EU parties was discussed in Chapter 2. This chapter discusses whether or not arbitrators can themselves grant anti-suit injunctions. While it is clear that the parties must expressly confer such powers on the arbitrators under section 38 of the Act, there is some uncertainty as to whether such powers are default powers under section 48 of the Act. This chapter considers:

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