The Subject of Anti-Suit Injunctions in English Courts - Essay Example

However, the general perception is that anti-suit injunctions are interference with disputes that are currently in foreign courts. Arbitration tribunals lack the coercive power that the courts have. As a result, the arbitration process faces several procedural challenges among them the lack of a consolidated proceeding for a common dispute. Thus, parallel proceedings can have divergent outcomes despite arising from a similar dispute3. Lack of precedence also means that awards obtained in specific arbitrations are not applicable to other cases.

Strategic delays and their accompanying additional costs as well as breach of procedural deadlines also pose other challenges to the arbitration process. Therefore, anti-suit injunctions are a countermeasure against international arbitration. Their employment in a proceeding is to protect public policy or jurisdiction where there are comity issues in the foreign jurisdiction. Comity is the recognition that a nation allows another in reference to judicial, executive and legislative acts. It gives due regard to international duty, convenience and the rights of all persons (citizens or otherwise) under a nation's protection4.

The subject of anti-suit injunctions in English courts is a controversial one with regard to the relationship between the English courts and foreign jurisdictions5. The 1966 Arbitration Act is a conceptual legislative framework that guides international and domestic arbitration in England and Wales (herein the UK). It has influences from the UNCITRAL Model Law (1985) on International Commercial Arbitration. The Brussels I regulation also has an influence on the decisions of anti-suit injunction in Private International Law.

The European Union (EU) also allows the English court jurisdiction on the matter of equity where it applies double standards between the member and non-member states. The courts then differentiate between the rights of the claimants outside the EU and those within the EU. The Arbitration Act provides the court with the power to maintain proceedings brought in breach and extend the time limits to enforce the Limitation Acts. This means that the court can pick up an arbitrary proceeding and extend its deadline as provided for by the Limitations Act. The court can also eliminate the power of the arbitrator from a proceeding.