ABSTRACT

This chapter focuses on the use of an injunction against a party who has breached an arbitration agreement by pursuing foreign proceedings which relate to disputes the parties agreed to resolve by arbitration, or where a party is pursuing an arbitration in an unlawful way. Stays and anti-suit injunctions are regarded in English law as opposite and complementary sides of a coin; operating as counterpart remedies that support the arbitration agreement. English law recognises that an injunction may be granted either as an “interim” or as a “final” remedy. A final injunction is a permanent order restraining a party indefinitely from doing something. Another source of relief would be to seek damages for breach of the arbitration agreement from the arbitral tribunal. A further route would be to seek a declaratory award from the tribunal as to its jurisdiction and the existence of a valid arbitration agreement. Often jurisdictional issues will arise as the validity of an arbitration agreement.