- Exclusive forum clauses — Claims for damages and anti-suit injunctions — Injunctions to restrain proceedings in England and Wales
This chapter focuses on claims for damages. Damages are, in general, an inadequate remedy for breach of an exclusive forum clause. Where proceedings have been brought in breach of an exclusive forum clause, the innocent party is entitled to recover damages for any sufficiently proximate losses caused by the breach, except where this is precluded by public policy. However, there are uncertainties which have not yet been fully clarified in relation to what can amount to a breach, what kinds of losses are sufficiently proximate, and what the relevant rules of public policy should be. Two main categories of loss need to be considered, namely legal costs and legal liabilities. The chapter then considers the three possible routes for awarding damages in respect of losses suffered as a result of supposedly ‘wrongful’ foreign proceedings which are not in breach of contract.
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