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Showing posts with the label Anti-Arbitration Injunctions

6 Parameters for Grant of Anti - Arbitration Injunctions

The width and amplitude available to the Court in an anti-arbitration agreement is much narrower as against where an anti-suit injunction is sought in a matter before it.  In what circumstances will the court make an anti-arbitration injunction ?  The court will not restrain a party from having a matter arbitrated before a tribunal if there is no dispute that the parties are subject to a valid and binding arbitration agreement that a tribunal should determine a matter of that kind. Is an anti-arbitration order just and convenient, and should the court exercise its discretion? The principles governing anti-suit injunction may not necessarily apply to anti-arbitration injunction. In Excalibur Venture LLC V. Texas Keystone Inc., 2011 EWHC 1624 (Comm.)  stresses upon the difference of approach between a normal anti-suit injunction and an injunction restraining arbitration proceedings.  Distinction between an anti-suit injunction and an anti-arbit...