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27 October 2023
Issue: 8046 / Categories: Legal News , Arbitration
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NLJ this week: French or English? Arbitration anti-suit injunctions depend on your choice!

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A surge in decisions on anti-suit injunctions in the presence of an arbitration clause has caused the courts to grapple with the differences between the English and French legal systems

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. 

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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