Anti-suit injunctions: protecting the award

Anti-suit injunctions are most commonly granted to ensure that a party to an arbitration agreement does not commence judicial proceedings in breach of that agreement. However, anti-suit injunctions are also important where the issues between the parties have been resolved in arbitration and the dissatisfied party seeks to reopen them in judicial proceedings. Emmott v Michael Wilson & Partners Ltd [2016] EWHC 3010 (Comm), a decision of O’Farrell J, is a good example of this jurisdiction in operation.

Emmott : the facts