Sat11182017

Last updateTue, 24 Feb 2015 5pm

Luke Pearce examines the impact of a recent judgment on anti-suit injunctions and vexatious conduct

In what circumstances will an English court grant an anti-suit injunction to prevent a defendant to its proceedings from prosecuting parallel litigation abroad? Where the foreign proceedings are brought in breach of an exclusive jurisdiction clause or an arbitration agreement, the position is generally straightforward: the court will grant an anti-suit injunction unless there is a strong reason not to do so. However, what if the foreign proceedings do not constitute a breach of contract on the part of the defendant? This question arose in the recent case of Star Reefers Pool Inc v JFC Group Co Ltd [2012], where the Court of Appeal gave guidance as to the law in this area.

Additional Info

  • Case(s) Referenced:

    Broken Hill v Xenakis [1982] 2 Lloyd’s Rep

    EI Du Pont v Endo Laboratories Inc [1987] 2 Lloyd’s Rep 585

    Masri v Consolidated Contractors International Company SAL [2008] EWCA Civ 625

    Shell v Coral [1999] 2 Lloyd’s Rep 606

    Star Reefers Pool Inc v JFC Group Co Ltd [2012] EWCA Civ 14

    Trafigura Beheer BV v Kookmin Bank Co [2006] EWHC 1921 (Comm)