Anti‐suit Injunctions and the Doctrine of Comity. Issue 2 (March 2016)

• Record Type: Journal Article
• Authors: Chan, Felix W. H.
• Is Part Of: Modern law review. Volume 79:Issue 2(2016)
• Page Start: 341
• Page End: 354
• Publication Date: 2016-03
• Subjects: Law -- Great Britain -- Periodicals; 340
• DOI: 10.1111/1468-2230.12183
• Languages: English
• ISSNs: 0026-7961

Abstract

Abstract : Hin‐Pro International Logistics Limited v CSAV is an important case in the areas of anti‐suit injunctions, contractual interpretation and private international law. Despite the ambiguities surrounding the jurisdiction clause contained in the bills of lading, the Court of Appeal construed the jurisdiction clause as 'exclusive' in the context of a 'contractual background', and affirmed the continuation of the anti‐suit injunction granted by the Commercial Court. It is argued that the approach of applying the common law principles of contractual interpretation to a bill of lading is questionable. The approach used to apply English private international law is problematic in a number of ways. There are legitimate reasons for concern that the doctrine of comity in English private international law may become undermined as a result.