Case Alert - [2018] EWHC 1343 (Comm)
Court holds that English Court cannot grant anti-suit injunction
to restrain proceedings in another Member State court, which were
brought in breach of an arbitration agreement
One of the issues in this case was whether the claimant could
obtain an anti-suit injunction to restrain the pursuit of court
proceedings in a Member State (Cyprus) which it alleged were
brought in breach of an arbitration agreement.
Regulation (EC) 44/2001 provides that where proceedings
involving the same cause of action and between the same parties are
brought in the courts of different Member States, the Member State
court first seised of proceedings must hear the case. The ECJ
decisions in Gasser v Misat (2003) and Turner v
Grovit (2004) established that the English courts cannot grant
an anti-suit injunction where another Member State is first seised
of proceedings, even if that breaches an exclusive jurisdiction
clause (although it is
