The Conditional Benefit Doctrine and Its Impact on the Enforcement of the NegativeAspect of Exclusive Dispute Resolution Agreements

Abstract

The conditional benefit doctrine is a rather new concept reflected in modern English law. Case law has demonstrated that the doctrine plays an important role in the context of enforcing the negative aspect of exclusive dispute resolution agreements. The present thesis, therefore, focuses on two main aspects. The first is the features of the conditional benefit doctrine itself. Under the first category, the origin, essence, doctrinal justification, historical development and the governing scope of the doctrine will be provided. Under the second category, the effect of the doctrine on anti-suit injunctions and stay of action enforcing exclusive dispute resolution agreements will be analysed. Inspired by the conflicting Court of Appeal judgments delivered in The Jay Bola, The Hari Bhum (No.1) and The Yusuf Cepnioglu, the thesis will address the grantability of quasi-contractual anti-suit injunctions against third parties bound by arbitration agreements under the conditional benefit doctrine. Due to the importance status of The Jay Bola and the position of the three cases on the authoritative hierarchy, the issue is taken as the cutting-in point. Following this, the thesis will provide answers on the grantability of quasi-contractual anti-suit injunctions against third parties bound by exclusive jurisdiction agreements under the conditional benefit doctrine, stay of action enforcing exclusive dispute resolution agreements under the conditional benefit doctrine and the application of the conditional benefit doctrine in privity of contract doctrine context.

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