In the recent decision in Sana Hassib Sabbagh v. Khoury & Ors [2018] EWHC 1330 (Comm), the English High Court issued an anti-suit injunction to restrain parties from pursuing an arbitration seated in Lebanon. The decision confirms that – although "exceptional circumstances" are required – the Court has the jurisdiction to do so and is prepared to exercise it in practice. This Alert examines this decision, which may provide a benchmark for the kind of exceptional circumstances required for the Court to restrain a foreign arbitration by way of injunction.
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