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American's
excess cover of Abbott incorporated the conditions of the underlying
Swiss Re policy which provided for arbitration in London. America also
attached an endorsement that it would submit to the jurisdiction of
a court in the US in the event of a failure to pay an amount claimed.A
dispute arose which American sought to arbitrate. Abbott then filed
suit in the Court of Illinois. In setting aside an anti-suit injunction
Creswell J took the opportunity to set out a useful checklist of points
which must be considered in applications for anti-suit
injunctions. In particular, he held that a court will act cautiously
in restraining a party from pursuing proceedings in a foreign court
and will only do so if such pursuit would be vexatious or oppressive.
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