STOP PRESS: This Practice Note is currently Under Review in light of the new Arbitration Act 2025. For further information on when the new act comes into force see Practice Note: When will the Arbitration Act 2025 come into force?

A party may wish to obtain an anti-arbitration Injunction where an arbitration has been commenced by a Counterparty in breach of an agreed Dispute resolution process, for example, by commencing the arbitration in the wrong seat, or where the parties had agreed to refer disputes to the exclusive jurisdiction of specific national courts. This Practice Note considers the approach of the courts of England and Wales (England and English are used for convenience) to the granting of anti-suit relief in this context.

For guidance on anti-suit injunctions in support of arbitration, see Practice Note: Anti-suit injunctions in support of arbitration (England and Wales).