CURRENT DEVELOPMENTS: II. Enforcing Anti-Suit Injunctions Against Sovereign States

Abstract

The Court of Appeal (Pill and Waller LJJ and Sir Martin Nourse) has considered interesting jurisdiction issues arising out of a projects dispute between a Pakistani company (‘Sabah’) and the Government of Pakistan (the ‘GOP’). The Court gave welcome guidance on the principles underlying the grant of anti-suit injunctions in cases where the parties have agreed to the non-exclusive jurisdiction of the English courts. However, questions of how an anti-suit injunction obtained against a State may be enforced largely remain unanswered.