- Applications for anti-suit injunctions must be brought promptly (A v B, The ‘NV STAR MOIRA’)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: Mr Justice Calver in the Commercial Court granted a final anti-suit injunction to restrain the defendant from continuing a claim commenced against the claimant ship owner in the Qingdao Maritime Court, China, or any other claim in relation to disputes arising out of two bills of lading, in breach of a London Maritime Arbitration Association (LMAA) arbitration clause. In considering whether it is just and convenient to grant an anti-suit injunction, the English court will consider whether the claimant has made such application promptly, in the interests of fairness to the respondent, and in the interests of comity towards the overseas court. The question of what constitutes an inappropriate delay is one of facts in the individual case. However, the longer the delay, and the further the development of the proceedings before the overseas court, the less likely it is that the court will grant an anti-suit injunction. Written by Andrew Rigden Green, partner, head of International Arbitration Greater China, at Stephenson Harwood.
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