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3 Anti-Suit Injunctions and the Brussels Regulation

Injunctive Relief and International Arbitration

3

Anti-Suit Injunctions and the Brussels Regulation

INTRODUCTION

3.01 As discussed in Chapter 2, the English courts have always asserted the right to grant an anti-suit injunction against a party commencing judicial proceedings in breach of an arbitration agreement. As demonstrated by cases such as Starlight, Shashoua and AES-UST, the English courts continue to demonstrate their willingness to uphold arbitration agreements. The position in AES-UST was in relation to non-EU parties. Where the parties are from the EU, the jurisprudence from the ECJ has affected the ability of the English courts to grant anti-suit injunctions despite the fact that arbitration is excluded from the scope of Council Regulation 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (“Brussels Regulation”). This chapter discusses the impact of a number of decisions1 by the ECJ, and in particular Allianz SPA & Others v West Tankers Inc 2 This chapter considers:

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