Anti-suit Injunctions, arbitration and delay: Flexibility or a second bite of the cherry?

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Abstract

Over the last few years, the approach of the English Courts to granting anti-suit injunctions has changed. The test to be applied now is one of high probability and comity has little or no relevance. This change has also had an impact on the attitude towards delay. Previously, an application for an anti-suit injunction ought to be made promptly and judiciously. However, a new flexible approach has been adopted by the English courts on the issue of delay. This Article examines this new approach and argues that the new-found flexibility is sending out the wrong message and some of the authorities relating to delay are not easily reconcilable.
Original languageEnglish
JournalJournal of Business Law
Publication statusAccepted/In press - 14 Dec 2024

Keywords

  • International Arbitration, Injunctive Relief

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