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Anti-suit injunctions: the law applicable to arbitration agreements

Arbitration Law Monthly

Anti-suit injunctions: the law applicable to arbitration agreements

The decision of a very powerful Court of Appeal in Enka Insaat ve Sanayi AS v OOO “Insurance Company Chubb” [2020] EWCA Civ 574, overturning the detailed judgment of Andrew Baker J at first instance, is a landmark decision on two matters: how is the law applicable to an arbitration clause to be determined; and in what circumstances will an English court exercise its power to grant an anti-suit injunction where the seat of the arbitration is in England? The reasoned judgment was given by Popplewell LJ, with whom Flaux and Males LJJ agreed.

Enka : the facts

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