The reasons are that Paris is a popular choice for arbitration while English law is often chosen as the governing law, write Thomas Kendra, Emerson Holmes, and Emma Ball from Hogan Lovells, in this week’s NLJ.
Whether the anti-suit injunction is granted or not depends on whether a French or English style of interpretation is taken.
The authors write: ‘The deliberations of the English courts appear to be centring around two increasingly pronounced schools of thought: those who are in favour of granting anti-suit injunctions due to perceived similarities between the French and English legal systems and those who are against on the basis of perceived fundamental differences.’
Ball, Holmes and Kendra look at five recent cases in the English Commercial Court and Court of Appeal, as they discuss this evolving phenomenon in multi-jurisdiction arbitration cases.
