Arbitration Clauses And Anti-Suit Injunctions

An English court will, in appropriate cases, grant an anti-suit injunction in favour of arbitration to preclude a party from pursuing litigation in another jurisdiction, provided that the matter is not governed by EU Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (and the Lugano Convention as well) (the "EU Regulation"). Where a dispute is governed by an arbitration clause which identifies the seat of the arbitration that court has exclusive supervisory jurisdiction over the arbitration. As such, any challenge to any award of the arbitration must be brought in that court alone, and an English court will, provided the EU Regulation does not apply, order that the party must not continue proceedings in another court.