Anti-suit injunctions in support of arbitration (England and Wales)
Produced in partnership with Latham & Watkins LLP
Anti-suit injunctions in support of arbitration (England and Wales)

The following Arbitration guidance note Produced in partnership with Latham & Watkins LLP provides comprehensive and up to date legal information covering:

  • Anti-suit injunctions in support of arbitration (England and Wales)
  • Restraining breach of an arbitration agreement
  • The court's jurisdiction to grant an anti-suit injunction
  • The scope of anti-suit injunctions
  • English court’s approach to issuing anti-suit injunctions
  • Applying for an anti-suit injunction
  • Breach of an anti-suit injunction

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—arbitration law and practice in England and Wales and News Analysis: Brexit Bulletin—key updates, research tips and resources.

This Practice Note considers anti-suit injunctions (ASI) issued by the courts of England and Wales in support of arbitration proceedings, and how and when they might be used to restrain breaches of an arbitration agreement.

Restraining breach of an arbitration agreement

As a private, consensual process, disputes agreed to be subject to arbitration are to be determined by an appointed tribunal, not national courts. However, when faced with an arbitration, a party, for various reasons, may seek to commence a litigation claim in the courts in order to avoid the arbitration. When court proceedings are (or may be) commenced in a foreign court (ie a court other than that of the seat of arbitration) in breach of an arbitration agreement, a party may seek:

  1. a stay or dismissal of those proceedings (from the court in which those proceedings are taking place) because of the breach of the