Simon Croall QC, Saira Paruk, Gemma Morgan and Peter Stevenson discuss the current vogue for anti-suit injunctions (“ASIs”) in bill of lading and charterparty claims. They discuss the recent case law, explain how to get an ASI effectively and tackle some of the vexed questions that commonly arise including:
- Whether a charterparty arbitration clause will be incorporated into a bill of lading and what law governs that question.
- Whether delay in applying will prevent the English Court from granting an ASI.
- How a ruling by the foreign court on jurisdiction affects the English Court’s exercise of its discretion.
- The potential impact of LOUs and security upon the grant of an ASI.
- What the best and most cost-effective procedure is for obtaining an ASI.