Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Arbitration definition

What does Arbitration mean? Arbitration is a private process where parties resolve disputes by one or more arbitrators who issue a final, binding award instead of a court judgment. It is consensual, usually agreed by an arbitration clause, and the law of the seat governs the procedure (lex arbitri). In England and Wales and Northern Ireland, the Arbitration Act 1996 applies. Courts stay court proceedings in favour of arbitration, provide support, and enforce awards; challenges are limited to lack of jurisdiction (s.67), serious irregularity (s.68) and, unless excluded, appeal on a point of law (s.69). In Scotland, the Arbitration (Scotland) Act 2010 provides a similar...

Anti-arbitration injunctions in England and Wales: jurisdiction, exceptional circumstances test, leading authorities, and guidance on making applications

Published by a LexisNexis Arbitration expert

Practice notes

A party may seek an anti-Arbitration Injunction when a Counterparty begins arbitration contrary to the agreed Dispute resolution pathway, for example:

by commencing the arbitration in an incorrect seat
where the parties had committed to the exclusive jurisdiction of particular national courts

This Practice Note examines the approach taken by the courts of England and Wales (references to England and English are for convenience) to awarding anti-suit relief in this context. For guidance on anti-suit injunctions in support of arbitration, see Practice Note: Anti-suit injunctions in support of arbitration (England and Wales).

The court's jurisdiction to grant an anti-arbitration injunction

The court’s jurisdiction to grant an anti-arbitration injunction stems from its inherent powers under section 37 of the Senior Courts Act 1981 (SCA 1981) (Elektrim v Vivendi; Minister of Finance v IPIC) and from the jurisdiction under sections 44 and 72 of the Arbitration Act 1996 (AA 1996), as amended by the Arbitration Act 2025 (AA 2025), which received Royal Assent on 24 February 2025 and will come into force on the day of the statutory instrument...

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Web page updated on 21/05/2026

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