J 2021

England to Become the Prime Jurisdiction for International Commercial Disputes – Anti-Suit Injunction as a Tool for Assurance

GRODL, Lukáš

Basic information

Original name

England to Become the Prime Jurisdiction for International Commercial Disputes – Anti-Suit Injunction as a Tool for Assurance

Authors

GRODL, Lukáš (203 Czech Republic, guarantor, belonging to the institution)

Edition

The Lawyer Quarterly, Prague, Institute of State and Law of the Academy of Sciences of the Czech Republic, 2021, 1805-8396

Other information

Language

English

Type of outcome

Článek v odborném periodiku

Field of Study

50501 Law

Country of publisher

Czech Republic

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

RIV identification code

RIV/00216224:14220/21:00121756

Organization unit

Faculty of Law

Keywords in English

anti-suit; arbitration; Brexit; civil law; common law; injunction

Tags

Tags

International impact, Reviewed
Změněno: 18/5/2022 13:37, Mgr. Petra Georgala

Abstract

V originále

With the unprecedented occurrence of withdrawal of the United Kingdom from the EuropeanUnion, the uttermost common law country positions itself to the feasibility of reclaiming the once lost opportunities. This article aspires to examine anti-suit injunctions as a measure to protect the will of the contractual parties by issuing of such in the court’s supportive power to the arbitration pro-ceedings. The current stance regarding the anti-suit injunction, as well as the possibility to its overcome is dis-cussed in order to provide arguments against the UK’s accession to the Lugano Convention and in favourof the accession to the Hague Convention. All this is presented to determine whether the UK’s withdrawalfrom the EU provides for advancement in the favourability of arbitration with its seat in the UK.