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On appeal from: [2011] EWCA Civ 647.

The Court considered whether the English Court had jurisdiction to grant an anti-suit injunction pursuant to the general power in the Senior Courts Act 1981, s 37, thereby preventing the appellant hydroelectric power plant owner from bringing foreign proceedings against the respondent plant operator, in circumstances where no arbitration (pursuant to an arbitration agreement between the parties) was intended.

Unanimously dismissing the appeal, the Court held that English courts have a long-standing and well-recognised jurisdiction to restrain foreign proceedings brought in violation of arbitration agreements, even where no arbitration is in contemplation. There was nothing in the Arbitration Act 1996 that removed that power.

For judgment, please download: [2013] UKSC 35
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII