Tag Archives: Anti-suit injunctions

Court of Appeal grants anti-suit injunction restraining US proceedings brought against employee by US parent company under exclusive US jurisdiction agreement

The Court of Appeal has given a wide interpretation to the meaning of 'employer' in the recast Brussels Regulation (No 1215/2012), holding that a company which provides benefits to employees of associated group companies may be regarded as an employer … Continue reading

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Court of Appeal upholds award of damages for breach of English jurisdiction agreement

The Court of Appeal has held that it did not infringe EU law to bring a claim for damages for breach of a settlement agreement, and the jurisdiction provisions in that agreement, against a party who had wrongfully commenced proceedings … Continue reading

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Jurisdiction clause in bank’s terms interpreted as granting exclusive jurisdiction to English courts in claims by hedge fund

The High Court has interpreted a jurisdiction clause as granting exclusive jurisdiction to the English courts in respect of claims made by a hedge fund. It therefore granted an anti-suit injunction restraining proceedings commenced in New York: BNP Paribas SA … Continue reading

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UK Supreme Court confirms power to issue anti-suit injunction even when no arbitration underway or proposed

The Supreme Court has confirmed that the English court has jurisdiction to injunct the continuation or commencement of foreign proceedings brought in breach of an arbitration agreement,¬†even in the absence of an actual, proposed or intended arbitration: Ust-Kamenogorsk Hydropower Plant … Continue reading

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Court of Appeal upholds anti-suit injunction against non-party to arbitration clause

The Court of Appeal has upheld an anti-suit injunction against a non-party to an arbitration clause on the grounds that Russian proceedings being pursued by that non-party were vexatious and oppressive: Joint Stock Asset Management Company Ingosstrakh Investments v BNP … Continue reading

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Anti-suit injunctions and non-exclusive jurisdiction clauses in the Court of Appeal

The Court of Appeal has held that the English Courts will not intervene, by way of anti-suit injunction, to restrain the pursuit of foreign proceedings by a party to a non-exclusive English jurisdiction agreement, unless there are factors, over and … Continue reading

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ECJ prohibits use of anti-suit injunctions in support of arbitration agreements in the EU

The European Court of Justice (“ECJ”) has today issued its judgment confirming the Advocate General’s (“AG”) Opinion of 4 September 2008 that anti-suit injunctions should not be brought to restrain court proceedings in another EU Member State even where they … Continue reading

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