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10 Quasi-Contractual Anti-Suit Injunctions

Thomas Raphael

From: The Anti-Suit Injunction (2nd Edition)

Thomas Raphael QC

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 08 December 2023

Exclusive forum clauses — Injunctions to restrain proceedings in England and Wales — Quasi-contractual anti-suit injunctions

This chapter assesses quasi-contractual anti-suit injunctions. The term ‘quasi-contractual’ refers to anti-suit injunctions which are granted where the injunction defendant may not fully be party to and bound by a contractual forum clause as a matter of contract law, but should nevertheless be required to comply with the effect of the clause, ‘as if’ the injunction was contractual. There are two types of case where quasi-contractual injunctions may be granted: third party situations and cases where the injunction claimant himself denies that the exclusive forum clause is binding. There is a variety of rules under which a third party can become, or be deemed to become, an actual contracting party who acquires the burden together with the benefit of the contract. Moreover, a third party may obtain derived rights under or in respect of a contract without becoming party to the contract.

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