Anti-suit injunction in support of arbitration—draft order
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  • Anti-suit injunction in support of arbitration—draft order

Anti-suit injunction in support of arbitration—draft order

Claim No: [Insert details]

In the high court of justice

business and property courts of england and wales

Commercial court (QBD)

OR

Claim No: [Insert details]

In the high court of justice

business and property courts in [insert location]

[specify division]

[specify specialist court]

Before justice [Insert name]

In the matter of the arbitration act 1996

And in an arbitration claim

Between:

  1. 1

    [CLAIMANT’S NAME]

    Claimant

and

  1. 2

    [DEFENDANT’S NAME]

    Defendant

Draft order

Upon the application of the Claimant dated [insert date]

And upon reading the evidence submitted, including the witness statement of [insert name and date], together with exhibit [insert details] filed with that witness statement

And upon hearing [Leading] Counsel for the Claimant

And upon the claimant making the undertakings set out in the Annex to this Order

It is ordered that:

    1. 1

      The arbitration agreement in the [insert details of relevant contract containing the arbitration agreement] (the “Agreement”) is not null or void, inoperative or otherwise incapable of being performed. That arbitration agreement is valid and binding on the Defendant.

      Pursuant to [section 37 of the Senior Courts Act 1981] [and/or section 44(2)(e) of the Arbitration Act 1996], until further order, the Defendant must not whether by itself or by its directors, officers, servants or agents or otherwise howsoever:

      1. 1.1

        [if proceedings not yet commenced] commence, prosecute, pursue and/or otherwise continue and/or take any

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