In Noble Assurance Company and another v Gerling-Konzen [2007] EWHC 253 (Comm) the court considered whether to continue an anti-suit injunction restraining the defendant from pursuing proceedings in Vermont, brought in breach of a London arbitration agreement.

The court considered that the defendant's conduct had been vexatious, oppressive and an abuse of process and/or unconscionable. The defendant had had the opportunity to raise the allegations made in the Vermont proceedings before the arbitral tribunal and had decided not to. Further, the Vermont proceedings were based on a false reading of the award. The judge emphasised the importance of avoiding the appearance of interfering with a foreign court. Instead of continuing the anti-suit injunction, he made a declaration confirming the scope and validity of the award, on the basis that this might best serve the ends of justice, by providing a basis on which the Vermont proceedings could be dismissed.