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

The following Arbitration practice note produced in partnership with Latham & Watkins 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
  • Injunctions under AA 1996, s 44
  • Anti-suit injunctions under SCA 1981, s 37
  • Relationship between AA 1996, s 44 and SCA 1981, s 37
  • The scope of anti-suit injunctions
  • English court’s approach to issuing anti-suit injunctions
  • Injunctions restraining the scope of foreign litigation proceedings
  • Anti-suit injunctions against non-contracting parties and direct action claims
  • More...

This Practice Note considers anti-suit injunctions (or ASI(s)) issued by the courts of England and Wales (England and English are used as shorthand) in support of arbitration proceedings seated in England, 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 arbitral tribunal, not national courts. However, when faced with an arbitration (or the prospects of one), a party, for various reasons, may seek to commence a litigation claim in national 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 parties’ arbitration agreement. In England and Wales, this is achieved by making an application under section 9 of the Arbitration Act 1996 (AA 1996)—see Practice Note: AA 1996—stay of court proceedings to enable arbitration (s 9), or

  2. an injunction, typically from a court in the seat (legal place) of arbitration, restraining the party in breach from (commencing or) continuing with the relevant proceedings.

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