Can Anti-Suit Injuctions Survive European Community Law?
In: The international & comparative law quarterly: ICLQ, Volume 52, Issue 2, p. 401-424
ISSN: 1471-6895
An injunction to restrain foreign proceedings is probably the most powerful remedy available in an English court for dealing with a jurisdictional dispute. It is certainly the most controversial because the court is interfering with proceedings in another jurisdiction and no comparable remedy exists in civil law systems. The influence of European Community law has intensified the controversy because it has become increasingly doubtful whether the remedy is compatible with the scheme for allocating jurisdiction under the Brussels Convention (or its successor, the Brussels I Regulation) The House of Lord's decision inTurner v Grovitis an important development because their Lordships have made a reference to the European Court of Justice asking, 'Is it consistent with the Brussels Convention for the courts of the United Kingdom to grant restraining orders against defendants who are threatening to commence or continue legal proceedings in another Convention country when those defendants are acting in bad faith with the intent and purpose of frustrating or obstructing proceedings properly before the English courts?' (The issue is probably identical to that which would arise under the Brussels I Regulation and references herein to the Convention are generally equally applicable to the Regulation).