Enforcing a settlement agreement containing an exclusive jurisdiction clause—the emergence of an EU prohibition on ‘quasi anti-suit injunctions’ (Charles Taylor Adjusting Ltd and FD v Starlight Shipping Co and others)

Article summary

Dispute Resolution analysis: An English court made declarations in 2014 that a party had, by commencing proceedings in Greece, breached the terms of applicable settlement agreements (which were subject to exclusive English jurisdiction clauses). The court also made an interim award for damages suffered to date as a result of the party’s commencement of the Greek proceedings. On a preliminary reference from the Greek courts, the Court of Justice, found that, although the claims brought were within the scope of an English jurisdiction clause, and the relief granted by the English court did not address the Greek court, nor purport to preclude the continuation of the Greek proceedings, the relevant relief was nevertheless an impermissible ‘quasi anti-suit injunction’. The Court of Justice found that such relief would offend the prohibition under the EU jurisdictional regime on anti-suit injunctions, and that the...