High Court upholds anti–suit injunction in respect of Australian proceedings (Emmott v Michael Wilson & Partners)

Table of contents

• Original news
• What are the practical implications of this case?
• What was the background to this case?
• The parties and agreements
• The arbitration proceedings
• First Australian proceedings
• Assignments
• Second Australian proceedings
• What were the main legal arguments arising?
• What did the judge decide?

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Article summary

Arbitration analysis: Mrs Justice O’Farrell in the Queen’s Bench Division of the High Court has ordered the continuation of an interim anti-suit injunction against the defendant preventing it from continuing ongoing or commencing new proceedings in New South Wales on the grounds that those proceedings were in breach of an arbitration agreement. The court applied the well established threshold test to find that there was ‘a high degree of probability’ that there was an arbitration agreement governing the dispute in question and that the proceedings before the foreign court were ‘vexatious and oppressive’.