Forum Shopping and Anti Suit Injunctions


The subject of this paper is “Forum Shopping, Anti-Suit Injunctions and EU law: A Brief Overview (and update)”. It sets out substantially but not wholly an English perspective.

The paper is based upon a talk I originally gave in January 2006. It has been slightly amended and updated for two reasons. First, the “FRONT COMOR” was heard by the House of Lords in early December 2006. Judgment was issued on 21 February 2007. The case will now progress to the European Court of Justice. Secondly, from 1 January 2007 there are two new members of the European Union, Romania and

Bulgaria. How will these developments affect planning of the defence (or prosecution) of claims, in particular choice of forum? The legal landscape in this field (at least with regard to arbitration clauses) may be about to undergo another shift. Much of the content of this paper remains valid today (2011).

The main body of the paper has been broadly designed, as ever, so that you can dip into any section or point of interest, or alternatively read the whole narrative. This paper is an overview and deliberately states the simplified picture. It is, in particular, not a substitute for advice in any particular case.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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