Join Stuart Isaacs QC, James Walmsley and Bobby Friedman in a wide-ranging discussion about the anti-arbitration injunction.
Commentators have tended in the past to focus on anti-suit injunctions, with which anti-arbitration injunctions have some similarities. There are, however, also important differences between the two types of injunction, which are often obscured by the tendency to lump them together,
This discussion addresses the legal position of the anti-arbitration injunction, in particular in the light of the Court of Appeal’s decision in Sabbagh v Khoury [2019] EWCA Civ 1219. It considers differences in approach under English law towards arbitrations seated in England and those with a foreign seat, and whether those differences are justified. It looks at the position in some other common law jurisdictions in the Asia-Pacific Region and the willingness of some jurisdictions to make orders against the arbitral tribunal itself.
The discussion also deals with important practical and tactical considerations such as the effect of delay in the light of the Commercial Court’s recent decision in Specialised Vessel Services Ltd v MOP Marine Nigeria Ltd [2021] EWHC 333 (Comm), the recognition of a judgment in proceedings brought in breach of an arbitration agreement, the role of the arbitral tribunal itself and the invocation of anti-anti-arbitration injunctions.
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