Anti-suit injunction
| Conflict of laws and private international law |
|---|
| Preliminaries |
| Definitional elements |
| Connecting factors |
| Substantive legal areas |
| Enforcement |
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 the Brussels Regime[2] applies to the parties, the anti-suit injunction is no longer available in litigation[3] or arbitration.[4][5]
References
- ^ Lévy, Laurent, "Anti-suit Injunctions Issued by Arbitrators", in Emmanuel Gaillard (ed.), Anti-Suit Injunctions In International Arbitration (Berne: Staempfli, 2005)
- ^ "Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters".
- ^ Turner v Grovit (C-159/02) [2005] 1 AC 101
- ^ Sebastiano Nessi, "Anti-suit and Anti-arbitration Injunctions in International Commercial Arbitration: The Swiss Approach", in SAA Series on International Arbitration, Vol. 3, Selected Papers on International Arbitration, Bern, Stämpfli, 2013
- ^ Allianz SpA (formerly Riunione Adriatica di Sicurta SpA) v West Tankers Inc (C-185/07) [2009] 1 AC 1138
See also
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