The Impact of the UK’s BREXIT on Anti-Suit Injunctions

As a result of British BREXIT referendum in 2016, the UK is currently negotiating its exit from the EU and this will have a significant effect on arbitration in London. Anti-suit injunctions are often sought in the English courts to exercise their supervisory role over arbitration and restrain foreign proceedings in favour of arbitration. The impact of BREXIT on anti-suit injunctions of arbitration will depend almost entirely on the terms of the BREXIT negotiations. To this end, this chapter will critically analyze the jurisdictions advanced by the UK courts for issuance of anti-suit injunctions and the effect the decisions of the European Court of Justice in Turner v Grovit , West Tankers and Gazprom. It then examines whether the UK courts will revert back to the full practice of anti-suit injunctions and depart from the CJEU decision in West Tankers case and how this will affect the arbitration of dispute after BREXIT and the possible options available for the UK regarding the scope of the CJEU decision in the UK.