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TAXONOMISING “QUASI-CONTRACTUAL” ANTI-SUIT INJUNCTIONS

Lloyd's Maritime and Commercial Law Quarterly

TAXONOMISING “QUASI-CONTRACTUAL” ANTI-SUIT INJUNCTIONS

Myron Phua* and Serena Seo Yeon Lee

Times Trading v National Bank of Fujairah
The label “anti-suit injunction” denotes an assemblage of different things, united by how they involve an English court ordering someone not to sue another somewhere else. Taxonomically speaking, the remedy responds to one of three general events: (1) a contractual promise,1 (2) an equitable wrong2 or (3) a public policy imperative.3 The main species of the first genus are those awarded to enforce the negative contractual duty contained in an exclusive jurisdiction clause obliging the parties not to bring a claim falling within its scope in a non-designated forum. These are presumptively obtainable by
Case and comment

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