LITIGATION & ARBITRATION - Final Anti-Suit Injunctions under Pressure: Material Change, Real Injustice, and Tailoring after UniCredit (CA)
An anti-suit injunction restrains parties from pursuing litigation abroad - typically to enforce arbitration agreements under Senior Courts Act 1981, s 37. But enforcement hits a problem when foreign courts penalise parties for complying. When foreign courts impose penalties for obeying English ASIs, courts can adapt their orders under CPR 3.1(7). The alternative - scrap the injunction entirely or hold parties to it despite genuine hardship - creates needless tension between enforcing...
