Arbitration Law Monthly
Enforcement of arbitration agreements: anti-suit injunctions
In Aline Tramp SA v Jordan International Insurance Co (The Flag Evi) [2016] EWHC 1317 (Comm) Sara Cockerill QC, sitting as Deputy High Court Judge, considered the difficult question of whether the English courts should grant an anti-suit injunction to prevent a party to an arbitration clause from proceeding in the courts of another country where legislation existed in that country expressly conferring jurisdiction on its courts.
It was concluded that it was necessary to examine the nature and purposes of the legislation in that country.