Jurisdiction(s):
United Kingdom

Anti-suit injunctions: ancillary to English proceedings; service-out gateways unnecessary; relief granted only for arbitration; English law clause influential (Golden Endurance Shipping v RMA Watanya & Ors)

Published on: 04 December 2014

Published by a LexisNexis Dispute Resolution expert

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Article summary

Practical implications

Although the ECJ’s ruling in West Tankers sharply narrowed the scope for anti-suit injunctions, that constraint applies only within EU Member States. As a result, such injunctions remain a key device in cross-border disputes to ensure cases proceed in the English courts. This decision outlines what a claimant must establish to ground the court’s jurisdiction:

Where an anti-suit injunction is sought to restrain or pre-empt proceedings in a non-EU Member State, there is no need to show that any of the CPR PD 6B service gateways apply to the injunction itself in order to found the English court’s jurisdiction. The reason is that the injunction is not a self-contained claim but is ancillary to existing proceedings; therefore, no distinct jurisdictional basis is required under either Part 6 or Brussels I. Nonetheless, the court’s jurisdiction must already have been engaged by a substantive claim falling within one or more recognised gateways, for example CPR PD 6, para 3.1(6), in relation to claims...

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