Does the Will of the Parties Supersede the Sovereignty of the State? Anti-suit Injunctions in the UK Post-Brexit

David Ndolo, Margaret Liu

Research output: Contribution to journalArticle

Abstract

Anti-suit injunctions are often sought in national courts to restrain foreign proceedings in favour arbitration. This article will critically analyse the justifications advanced by the UK courts for issuance of anti-suit injunctions and will thereafter extensively critically examine the reasons and the effect of the ECJ decisions in Turner v Grovit and West Tankers.
Subsequently, the article examines recent developments post West Tankers and the
possible options available for the UK regarding the scope of the ECJ decisions in the UK.
Original languageEnglish
Pages (from-to)53-61
Number of pages8
JournalGlobal competition Litigation review
Issue number2
Publication statusPublished - 2017

Fingerprint

sovereignty
arbitration

Cite this

Does the Will of the Parties Supersede the Sovereignty of the State? Anti-suit Injunctions in the UK Post-Brexit. / Ndolo, David; Liu, Margaret.

In: Global competition Litigation review, No. 2, 2017, p. 53-61.

Research output: Contribution to journalArticle

@article{11191f0ed9054ea6a6938b9cecf4b808,
title = "Does the Will of the Parties Supersede the Sovereignty of the State? Anti-suit Injunctions in the UK Post-Brexit",
abstract = "Anti-suit injunctions are often sought in national courts to restrain foreign proceedings in favour arbitration. This article will critically analyse the justifications advanced by the UK courts for issuance of anti-suit injunctions and will thereafter extensively critically examine the reasons and the effect of the ECJ decisions in Turner v Grovit and West Tankers.Subsequently, the article examines recent developments post West Tankers and thepossible options available for the UK regarding the scope of the ECJ decisions in the UK.",
author = "David Ndolo and Margaret Liu",
year = "2017",
language = "English",
pages = "53--61",
journal = "Global competition Litigation review",
issn = "1756-6002",
publisher = "Sweet and Maxwell",
number = "2",

}

TY - JOUR

T1 - Does the Will of the Parties Supersede the Sovereignty of the State? Anti-suit Injunctions in the UK Post-Brexit

AU - Ndolo, David

AU - Liu, Margaret

PY - 2017

Y1 - 2017

N2 - Anti-suit injunctions are often sought in national courts to restrain foreign proceedings in favour arbitration. This article will critically analyse the justifications advanced by the UK courts for issuance of anti-suit injunctions and will thereafter extensively critically examine the reasons and the effect of the ECJ decisions in Turner v Grovit and West Tankers.Subsequently, the article examines recent developments post West Tankers and thepossible options available for the UK regarding the scope of the ECJ decisions in the UK.

AB - Anti-suit injunctions are often sought in national courts to restrain foreign proceedings in favour arbitration. This article will critically analyse the justifications advanced by the UK courts for issuance of anti-suit injunctions and will thereafter extensively critically examine the reasons and the effect of the ECJ decisions in Turner v Grovit and West Tankers.Subsequently, the article examines recent developments post West Tankers and thepossible options available for the UK regarding the scope of the ECJ decisions in the UK.

M3 - Article

SP - 53

EP - 61

JO - Global competition Litigation review

JF - Global competition Litigation review

SN - 1756-6002

IS - 2

ER -