Journal Article

Exclusive jurisdiction clauses and anti-suit injunctions

David Wilson and Joanna Silver

in Journal of Intellectual Property Law & Practice

Volume 5, issue 4, pages 220-222
Published in print April 2010 | ISSN: 1747-1532
Published online April 2010 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpq015
Exclusive jurisdiction clauses and anti-suit injunctions

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The High Court, England and Wales, considered whether to grant an anti-suit injunction to restrain US proceedings where an agreement between the parties contained an exclusive jurisdiction clause in favour of the English courts and proceedings in England had already been commenced. Lewison J assessed recent developments in the law relating to anti-suit injunctions and concluded that an anti-suit injunction, although a discretionary measure (which ECJ case law considers an interference with the jurisdiction of another court), was appropriate in this case.

Journal Article.  1631 words. 

Subjects: Arbitration ; Intellectual Property Law

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