Arbitration and Anti-Suit Injunction Pre-Brexit and Post-Brexit

Citation

Yu H (2024) Arbitration and Anti-Suit Injunction Pre-Brexit and Post-Brexit. In: Farah Y & Bergamini E (eds.) The Research Handbook on EU Private International Law. 2nd edn ed. Research Handbooks in European Law series. Cheltenham: Edward Elgar.

Abstract
The aim of this research is to investigate the attitudes underlying the English practice in dealing with anti-suit injunction applications in the case of an exclusive arbitration jurisdiction clause prior to and post-Brexit. To achieve this aim, the research focuses on three groups of case law: (1) English case law prior to the imposition of mutual trust, (2) EU cases emphasising mutual trust and (3) English cases decided post-Brexit. Case law delivered in each stage will be closely examined. Each stage will focus on the legal reasoning reflecting the contractual nature of arbitration, the vexatious or oppressive nature of foreign proceedings, the need to exercise caution, the arguments for just, convenient and fair measures, standard of proof, natural forum and the need to protect English jurisdiction. The research will conclude that the requirements applied by the English courts in granting anti-suit injunctions remain consistent both pre and post-Brexit.

Notes
Output Status: Forthcoming