Arbitration and anti-suit injunction pre- and post-Brexit

Hong-Lin Yu

Chapter 1 in Research Handbook on EU Private International Law, 2026, pp 8-32 from Edward Elgar Publishing

Abstract: The move from the Brussels I Regulation Recast from common law rules in dealing with anti-suit injunctions involving arbitration post Brexit warrants research into the English courts’ approach on this matter. The research investigated the issues examined by the courts on “a high degree of probability in standard of proof”, “contractual/ exclusive jurisdiction”, “vexatious or oppressive” and “great caution to be exercised”. Recounting the approaches taken by the English judges prior and post-Brexit, this research demonstrates that a consistent approach has been deliverd by English courts on anti-suit injunction.

Keywords: Arbitration; Brussels I Regulation Recast; Anti-Suit Injunctions; Arbitration Agreement; England (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035318681
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