We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

Anti-suit injunctions: quasi-contractual injunctions; extension of time

Arbitration Law Monthly

Anti-suit injunctions: quasi-contractual injunctions; extension of time

The decision of Sarah Cockerill J in Times Trading Corporation v National Bank of Fujairah (Dubai Branch) [2020] EWHC 1078 (Comm), contains a detailed analysis of what have been described as “quasi-contractual injunctions”, namely where an anti-suit injunction is sought in circumstances where there is doubt as to whether one of the parties to the proceedings is bound by the arbitration clause.

Cockerill J has confirmed that in such a case the ordinary principles applicable to the grant of anti-suit injunctions under section 37 of the Senior Courts Act 1981 remain applicable. In a sequel decision, National Bank of Fujairah (Dubai Branch) v Times Trading Corporation [2020] EWHC 1983 (Comm), Foxton J held that on the facts of the case it was appropriate to grant an extension of time under section 12 of the Arbitration Act 1996 for the commencement of arbitration.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?

Devices

Request a trial Find out more