Anti-suit injunction

Conflict of laws
Preliminaries
Definitional elements
Connecting factors
Substantive legal areas
Law enforcement

An anti-suit injunction is an order issued by a court or arbitral tribunal that prevents an opposing party from commencing or continuing a legal proceeding in another jurisdiction or forum.[1][2][3] It is among the means available to address the problem of parallel proceedings or forum shopping, whether they are current or anticipated.[2]

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 up until the milestone decision in Gazprom case, anti-suit injunction was considered inapplicable in litigation[4] or arbitration[5][6] among EU member states. The question was whether it applied to arbitration, being excluded from the Brussels Convention. This was resolved in Gazprom case and the specifics of the exclusion were covered in recital 12 of Brussels recast, therefore current position is that anti-suit injunction can be issued by EU arbitration tribunals and upheld by Courts of Justice of EU member states.

See also

References

  1. ^ Raphael, Thomas (2008). The anti-suit injunction. Oxford private international law series. Oxford : New York: Oxford University Press. p. 1. ISBN 978-0-19-928732-1. An anti-suit injunction, in its most typical form, orders a party to cease to pursue court proceedings abroad.
  2. ^ a b "Anti‑Suit Injunctions: International Adjudication". Oxford Public International Law. Oxford University Press. Retrieved 30 July 2025. An anti-suit injunction is an order issued by a court or tribunal at the request of one party designed to prevent another party from commencing or maintaining a legal proceeding in another forum, particularly a foreign forum. It is among the different means available to manage the problem of actual or potential parallel proceedings.
  3. ^ Eixenberger, Jorge L.; Eixenberger, Michael A. (2017), "The Anti-Suit Injunction – A Transnational Remedy for Multi-jurisdictional SEP Litigation", The Cambridge Handbook of Technical Standardization Law: Competition, Antitrust, and Patents, Cambridge Law Handbooks, Cambridge: Cambridge University Press, pp. 451–451, ISBN 978-1-107-12966-5, retrieved 30 July 2025, An anti-suit injunction is an interlocutory remedy issued by a court in one jurisdiction which prohibits a litigant from initiating or continuing parallel litigation in another jurisdiction or jurisdictions.
  4. ^ Turner v Grovit (C-159/02) [2005] 1 AC 101
  5. ^ 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
  6. ^ Allianz SpA (formerly Riunione Adriatica di Sicurta SpA) v West Tankers Inc (C-185/07) [2009] 1 AC 1138


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