Anti-suit injunctions, arbitrations and cross-border insolvency – 11 Stone Buildings

“Ironically, the recent developments in international law which have encouraged the recognition of foreign insolvency proceedings and assistance in relation to them have in many cases led to disharmony between our domestic law and the law of the foreign proceedings. The applicable principles on when it is appropriate to grant anti-suit injunctions to protect the right of a party not to be sued in a foreign state have not been worked out fully in relation to insolvency. This is nowhere more apparent than where a foreign debtor enters a foreign insolvency process and prior to the insolvency was party to an agreement containing an English arbitration clause.”

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11 Stone Buildings, November 2013