Part III Validity and Effect, 10 Remedies
From: Choice-of-court Agreements under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention
Trevor C. Hartley
- Admissibility — Damages — Parties to litigation — Injunctions to restrain proceedings in England and Wales — EU Rules — Jurisdiction under the Brussels-Lugano Regime — Establishing jurisdiction — Jurisdictional and choice of court agreements — Contractual term — Choice of court and employment contracts — Choice of court and consumer contracts — Choice of court and insurance
10.01 In this chapter, we consider the remedies available to a party when the other party brings proceedings in a court other than that designated in an exclusive choice-of-court agreement. We also consider interim measures. 10.02 Two remedies for bringing proceedings in violation of a choice-of-court agreement are antisuit injunctions and damages. We consider each in turn. 10.03 Antisuit injunctions are injunctions addressed to a party requiring him not to bring proceedings in a foreign court or, if he has already commenced them, not to continue with them, or to...