Anti-suit injunction
| Conflict of laws |
|---|
| Preliminiaries |
| Characterisation Incidental question Renvoi · Choice of law Public policy Hague Conference |
| Definitional elements |
| Jurisdiction Procedure Forum non conveniens Lex causae Lex fori · Forum shopping Lis alibi pendens |
| Connecting factors |
| Domicile · Lex domicilii Habitual residence Nationality · Lex patriae Lex loci arbitri · Lex situs Lex loci contractus Lex loci delicti commissi Lex loci actus Lex loci solutionis Proper law Lex loci celebrationis Choice of law clause Dépeçage Forum selection clause |
| Substantive legal areas |
| Status · Capacity · Contract Tort · Marriage · Nullity Divorce (Get · Talaq) Property · Succession Trusts |
| Enforcement |
|
Mareva injunctions Anti-suit injunctions |
In the area of conflict of laws, anti-suit injunction is an order issued by a court or arbitral tribunal[1] that prevents an opposing party from commencing or continuing a proceeding in another jurisdiction or forum. If the opposing party contravenes such an order issued by a court, a contempt of court order may be issued by the domestic court against that party.
It is often used as a means to prevent forum shopping. In recent years many jurisdictions have placed a high standard to obtain an injunction such as where the proceedings are "oppressive or vexatious". Furthermore, in proceedings where Council Regulation (EC) No 44/2001 applies to the parties, the anti-suit injunction is no longer available to assist litigation [2] or arbitration [3].
- ^ Lévy, Laurent, "Anti-suit Injunctions Issued by Arbitrators", in Emmanuel Gaillard (ed.), Anti-Suit Injunctions In International Arbitration (Berne: Staempfli, 2005)
- ^ Turner v Grovit (C-159/02) [2005] 1 AC 101
- ^ Allianz SpA (formerly Riunione Adriatica di Sicurta SpA) v West Tankers Inc (C-185/07) [2009] 1 AC 1138
[edit] See also
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