15 Alternative Remedies

Subject(s):

Injunctions to restrain proceedings in England and Wales — Alternative compensation schemes

This chapter explores alternative remedies which may be granted by the English courts to shape, pre-empt, or respond to the pursuit of litigation elsewhere. These procedural remedies or strategies include claims for declarations; applications for the appointment of an arbitrator; procedural management; and resistance to enforcement. Where foreign proceedings are in breach of a contractual exclusive jurisdiction or arbitration clause, the courts will, in appropriate cases, grant declarations that a given set of claims is covered by an English contractual forum clause, or that the defendant is obliged to bring those claims before the chosen forum or cannot bring them elsewhere, or that the foreign proceedings are in breach of contract. Meanwhile, the court can appoint an arbitrator under section 18 of the Arbitration Act 1996.