Anti - Suit Injunctions and the Recoverability of Legal Costs as Damages for Breach of an Arbitration Agreement

All the discussion at the moment is about the failing support around Europe for the very English remedy of the anti-suit injunction. Europe is determined to get rid of the remedy, very much maligned and misunderstood, even if it means construing the exemption in the Brussels Regulation 44/2001 (Brussels Regulation) in unrecognisable fashion. Of course, the arbitration exemption was not inserted to encourage intrusions into the legal process of another sovereign state. By restraining arbitration in another country, the supervisory court of that arbitration arguably feels the effect also. But is this not simply a remedy designed to compel a defaulting party to comply with a promise? It depends on how one sees it.