ABSTRACT

The central question in this chapter is whether the English court has jurisdiction to restrain foreign proceedings and, if it has, what are the circumstances and the limits of such jurisdiction.

The major issues the courts have to grapple with on applications for an anti-suit injunction are whether interference with the foreign court would be justified if the injunction were regarded as impeaching the foreign sovereign’s jurisdiction, or were in breach of the public policy of that State, or might be against the provisions of the Human Rights Convention.