Arbitration Update: Anti-Suit Injunctions And The Relationship With The Seat Of Arbitration

In a judgment issued last week in the anonymised case of SQD v QYP [2023] EWHC 2145, the Commercial Court provided some helpful guidance on the relevant considerations under English law for seeking an antisuit injunction to restrain proceedings that are commenced in breach of an arbitration agreement. The judgment highlighted in particular the important relationship between the seat of arbitration and the national courts' ability to grant anti-suit injunctions and emphasises a major difference between the respective French and English law approaches that may have a material impact on the decision for parties as to the most appropriate seat to include in their arbitration agreements.