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08 August 2013 / Andrew Otchie
Issue: 7572 / Categories: Features , Commercial
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Upping the anti

Andrew Otchie reflects on the approach to granting an anti-anti suit injunction

  • The jurisdiction to grant a final injunction to prevent the breach of an arbitration clause is provided by s 37(1) of the Senior Courts Act 1981. 
  • Where foreign proceedings are brought in breach of an arbitration clause, the court will “ordinarily” grant an anti-suit injunction to restrain those proceedings unless there are “strong reasons” not to do so. 
  • The burden of proof is on the party in breach of the arbitration clause to show that there are strong reasons why an injunction should not be granted. 
  • Where the foreign proceedings are brought in breach of an exclusive jurisdiction or arbitration clause, anti-anti-suit injunctions are frequently granted.

The fight to protect the sanctity of a commodities contract was played out in the Rolls Buildings recently in the Commercial Court before Hamblen J, in Ecom Agroindustrial Corp Ltd v Mosharaf Composite Textile Mill Ltd [2013] EWHC 1267, [2013] All ER (D) 294 (May). When a contract between the buyer and seller of raw cotton provided for all disputes to be resolved by arbitration, and

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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