Herbert Smith Freehills review the English Court of Appeal’s decision in the long-running dispute spanning multiple jurisdictions between Messrs Emmott and Wilson, relating to an agreement to establish a “quasi-partnership”. The question for the CA was whether to uphold the anti-suit injunction granted by the High Court preventing Michael Wilson & Partners, Limited (“MWP”) from pursuing proceedings in the Australian courts in light of the London-seated arbitration agreement between them. The authors observe that the judgment provides welcome guidance as to how the English Court will approach the question of granting an anti-suit injunction relating to an English-seated arbitration, particularly in relation to the question of not whether there has been an “abuse of process”, but rather whether the foreign proceedings were vexatious and oppressive.
English CA Substitutes An Anti-Suit Injunction For Another
