Steven Gee KC – Distilling Disputes Series – English Court of Appeal refuses narrow interpretation of anti-suit injunction

06 Sep 2023

“This is the second in a series of articles which considers recent cases in relation to injunctions and other pre-emptive relief in the English Courts, and which highlight key practical considerations.

A majority of the Court of Appeal rejected an appeal against a finding of contempt after a party had intervened in Italian proceedings in order to further its position in existing English Court and London arbitration proceedings in breach of an English anti-suit injunction granted to uphold the parties’ arbitration agreements.

This decision is important because (1) it shows that it is essential for parties to act in a straightforward and prudent manner when faced with an injunction, and to deal with any issues arising from it, including uncertainty as to its meaning, through timely application to the Courts in advance of taking any steps in response to it; (2) it shows that the English Courts take a robust approach to upholding the parties’ agreements on jurisdiction, and ensuring that the purpose of such orders is not defeated, and (3) provides guidance on the Courts’ approach to the interpretation of orders, including injunctions.”

This edition is co-authored with Steven Gee KC.

To read full article please click here.