Anti-Suit Injunctions Granted By Cyprus Courts Following West Tankers

For long the traditional approach of English courts had been to protect the sanctity of agreements between parties in the event a dispute occurred through the method of safeguarding an arbitration agreement against the threat of parallel proceedings launched in a foreign jurisdiction has been for the court to make an order for anti-suit injunctions. Anti-suit injunctions are granted only in personam and therefore cannot interfere with the foreign court's jurisdiction. Some of the underlying principles is that jurisdiction is exercised "where it is appropriate to avoid injustice", or where the foreign proceedings are "contrary to equity and good conscience". The Court will also restrain proceedings which interfere with "the due process of the court" or even whereforeign proceedings are "oppressive or vexatious" [SEE CASE Societe Nationale Industrielle Aerospatiale v.Lee Kui Jak and Another (1987) A.C 871].