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ARBITRATION: We’ve got the power

02 August 2013  

Guy Pendell and David Bridge report on a recent Supreme Court judgment dealing with anti-suit injunctions

In a judgment delivered on Wednesday, the Supreme Court unanimously held that the court has jurisdiction to grant a final anti-suit injunction restraining a party from commencing or continuing foreign court proceedings in breach of an arbitration agreement, even where there is no actual, proposed or intended arbitration. The court also confirmed that the source of its power to grant such an injunction derived from its broad discretion under s37 the Senior Courts Act 1981, and not s44 of the Arbitration Act 1996.

Additional Info

  • Case(s) Referenced:

    Ust-Kamenogorsk Hydropower Plant JSC (JSC) v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] UKSC 35