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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.

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