Abstract
EVER SINCE the ECJ’s infamous Gasser1 and Turner2 decisions, in which the ECJ held anti-suit injunctions in aid of exclusive jurisdiction clauses to be incompatible with EC Regulation 44/2001,3 emotions have been running high amongst antisuit injunction supporters. Referring to the Brussels regime as a ‘pitiless Stalinistic monoculture’,4 Professor Adrian Briggs notes: It is well-known that many continental lawyers have a peculiar hostility to the anti-suit injunction. As an antidote to jurisdictional shenanigans its usefulness is second to none, but its roots did not lie in civilian legal systems. So, it had to go as the dullardism of the lowest denominator asserted itself. In its place, we are to repose trust in the other states’ legal system and judicial institutions.5 Unsurprisingly, therefore, the ECJ referral by the House of Lords in The Front Comor6, which could result in an extension of the Gasser/Turner ratio to antisuit injunctions issued in aid of arbitration, has caught the attention of the English legal community.
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