Felix Chan on Anti-Suit Injunctions and the Doctrine of Comity (MLR)

"Anti-suit Injunctions and the Doctrine of Comity"

Felix WH Chan

Modern Law Review

March 2016, Vol. 79, Issue 2, pp 341-354

Abstract: Hin-Pro International Logistics Limited v CSAV [2015] EWCA Civ 401 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.