Anti-suit Injunctions, arbitration and delay: Flexibility or a second bite of the cherry?

Seriki, Hakeem (2024) Anti-suit Injunctions, arbitration and delay: Flexibility or a second bite of the cherry? Journal of Business Law. ISSN 0021-9460 (In Press)

Microsoft Word (OpenXML) (Anti-suit injunctions and Delay Final version submitted) - Accepted Version Restricted to Repository staff only until 31 December 2099. Request a copy

Abstract

Over the last few years, the approach of the English Courts to granting anti-suit injunctions has changed. The test to be applied now is one of high probability and comity has little or no relevance. This change has also had an impact on the attitude towards delay. Previously, an application for an anti-suit injunction ought to be made promptly and judiciously. However, a new flexible approach has been adopted by the English courts on the issue of delay. This Article examines this new approach and argues that the new-found flexibility is sending out the wrong message and some of the authorities relating to delay are not easily reconcilable.

Item Type:	Article
Uncontrolled Keywords:	international arbitration, injunctive relief
Faculty \ School:	Faculty of Social Sciences > School of Law
UEA Research Groups:	Faculty of Social Sciences > Research Groups > International Law
Depositing User:	LivePure Connector
Date Deposited:	20 Dec 2023 02:57
Last Modified:	20 Dec 2023 02:57
URI:	https://ueaeprints.uea.ac.uk/id/eprint/94011
DOI:

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