ENGLAND TO BECOME THE PRIME JURISDICTION FOR INTERNATIONAL COMMERCIAL DISPUTES – ANTI-SUIT INJUNCTION AS A TOOL FOR ASSURANCE

Abstract

With the unprecedented occurrence of withdrawal of the United Kingdom from the European Union, the uttermost common law country positions itself to the feasibility of reclaiming the once lost opportunities. This article aspires to examine anti-suit injunctions as a measure to protect the will of the contractual parties by issuing of such in the court’s supportive power to the arbitration proceedings. The current stance regarding the anti-suit injunction, as well as the possibility to its overcome is discussed in order to provide arguments against the UK’s accession to the Lugano Convention and in favour of the accession to the Hague Convention. All this is presented to determine whether the UK’s withdrawal from the EU provides for advancement in the favourability of arbitration with its seat in the UK.