English Court Grants Anti-Suit Injunction Ordering Party To Cease Claim In New York

Herbert Smith Freehills review the decision of the English High Court in XL ICSE v Peter Little [2019] EWHC 1284 (Comm), where a final anti-suit injunction was granted to restraining Peter Little from pursuing litigation proceedings against XL Insurance Company in New York, on the basis that PL was bound by the arbitration agreement mandating a London-seated arbitration.

The authors note that this case is a helpful reminder that where claims are brought in a foreign court under a contract which contains a London arbitration agreement, the English courts show no diffidence in granting an anti-suit injunction to protect the defendant’s contractual right to have any claims brought against it pursued in arbitration, even though the foreign court would not consider the claimant to be bound by the arbitration agreement and might therefore assume jurisdiction over those claims.


About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Hong Kong Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.


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