The following Arbitration guidance note Produced in partnership with Latham & Watkins LLP provides comprehensive and up to date legal information covering:
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.
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:
a stay or dismissal of those proceedings (from the court in which those proceedings are taking place) because of the breach of the
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234