Kit Smith

Anti-suit relief: Bourlakova and Magomedov and the non-contractual jurisdiction

The recent line of authority preceding Bourlakova¹and Magomedov² had largely centred on the contractual jurisdiction for granting an anti-suit injunction (ASI) to restrain or prevent the commencement of foreign proceedings. However, the cases of Bourlakova and Magomedov respectively considered the non-contractual jurisdictions for granting ASI relief and anti-anti suit injunctive (AASI) relief. This article will examine the contractual and the non-contractual bases for the grant of ASI and AASI relief, before considering the Bourlakova case and the court’s approach to single forum disputes, as well as the Magomedov case and the court’s willingness to protect judicial process in England and Wales.