GRODL, Lukáš. England to Become the Prime Jurisdiction for International Commercial Disputes – Anti-Suit Injunction as a Tool for Assurance. The Lawyer Quarterly. Prague: Institute of State and Law of the Academy of Sciences of the Czech Republic, 2021, vol. 11, No 2, p. 360-380. ISSN 1805-8396.
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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
Original language English
Type of outcome Article in a journal
Field of Study 50501 Law
Country of publisher Czech Republic
Confidentiality degree is not subject to a state or trade secret
WWW Open access časopisu
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 anti-suit, Arbitration, brexit, Civil law, Common Law, injunction, rivok
Tags International impact, Reviewed
Changed by Changed by: Mgr. Petra Georgala, učo 32967. Changed: 18/5/2022 13:37.
Abstract
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.
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