PIL.OT / DEVELOPMENT
PIL.OTv0.62.2
Hakeem Seriki examines the recent approach of the English courts to granting anti-enforcement injunctions (AEIs) to restrain enforcement of a judgment obtained from a foreign court in breach of a jurisdiction clause. The analysis focuses particularly on disputes in which Russian legislation has been used to circumvent arbitration agreements and exclusive jurisdiction clauses.
The article identifies a substantial marginalization of comity and a willingness by the English courts to grant AEI relief pre-emptively, before any foreign judgment is rendered. Seriki argues that these developments represent an appropriate response to the use of Russian legislation to circumvent arbitration and exclusive jurisdiction clauses; nevertheless, the Russian cases should be understood as exceptional and may not represent a permanent recalibration by the English courts.
Whether English courts may use anti-enforcement injunctions to restrain enforcement of a foreign judgment obtained in breach of an exclusive jurisdiction or arbitration agreement, including before the foreign judgment is rendered.
The article highlights that AEI relief to restrain enforcement of a foreign judgment may, in certain circumstances, be granted before the judgment is rendered, while cautioning that the Russian cases may not show that this approach has been permanently adopted by the English courts.
Journal of International Arbitration · 2026
DOI 10.54648/joia2026028