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United Kingdom anti suit injunctionsjurisdiction clausesstate immunity

Ltd v Islamic Republic of Pakistan

Sabah Shipyard (Pakistan) Ltd v Islamic Republic of Pakistan [2002] EWCA Civ 1643
JurisdictionUnited Kingdom
CourtCourt of Appeal (Civil Division)
Year2002
StatusBinding authority

Key Principle

A non-exclusive jurisdiction clause may, on its true construction, confer an exclusive right on one party to choose the forum while precluding the other party from commencing proceedings elsewhere, so as to support an anti-suit injunction restraining foreign proceedings; and a State's contractual consent to English jurisdiction and waiver of sovereign immunity can extend to the grant of such injunctive relief against it.

Area of Law

General

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