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8 Strong Reasons and Discretion

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, 2021. All Rights Reserved.date: 16 January 2021

Subject(s):
Exclusive forum clauses — Injunctions to restrain proceedings in England and Wales

This chapter addresses the application of two key aspects of the Angelic Grace principles: the concept of ‘strong reasons’ not to enforce an exclusive forum clause, and the operation of the Court's discretion. These two concepts overlap. The binding force of an exclusive forum clause shapes and changes the exercise of the court's discretion. The exclusive forum clause will ‘ordinarily’ be enforced by anti-suit injunction unless there are ‘strong reasons’ not to do so. However, the anti-suit injunction remains a discretionary remedy. Further, according to the current case law, it seems that the requirement of ‘strong reasons’ does not govern all discretionary factors. The chapter then considers the cases which, applying The Angelic Grace, have developed and applied principles governing ‘strong reasons’, and shaping the court's discretion more generally, in relation to anti-suit injunctions in contractual situations.

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