Despite recent Supreme Court consideration, the relationship between the Arbitration Act & the Senior Courts Act remains unclear. The Supreme Court has confirmed that, even where no arbitration is contemplated or afoot, English courts can grant antisuit injunctions to protect an arbitration agreement (against courts outside the EU). The precise extent of courts' powers to grant other orders supporting arbitration remains uncertain. A tension remains between courts' broad discretion under the Senior Courts Act 1981 and their more limited powers under the Arbitration Act 1996.
This article was originally published in the New Law Journal.
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