English CA Substitutes An Anti-Suit Injunction For Another

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.


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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