Anti-suit injunctions at the time of Brexit


Marco Lopez de Gonzalo, partner of our firm, has recently published in the Italian journal Rivista dell’Arbitrato (Vol. 2/2021) a commentary on the judgment rendered by the UK High Court of Justice (Queen’s Bench Division – Commercial Court, 4 December 2020 Mr. Justice Bryan; Grace Ocean Private Limited and m/v “Bulk “Poland”) entitled “Anti-suits injunctions at the time of Brexit”.

The commentary on the judgment analyses the criteria guiding the discretion of the English courts in granting anti-suits injunctions in the presence of a breach of the commitment to refer a given dispute to arbitration in London.

From the comparison of the pre and post-Brexit scenario, the previous “barrier” constituted by the European legal space and the principle of mutual trust, which had strongly limited the possibility to issue anti-suits injunctions, seems to have disappeared.