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Tuesday, August 4, 2020 | History

4 edition of Anti-suit injunctions in international arbitration found in the catalog.

Anti-suit injunctions in international arbitration

IAI Seminar (2003 Paris, France)

Anti-suit injunctions in international arbitration

IAI Seminar, Paris, November 21, 2003

by IAI Seminar (2003 Paris, France)

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  • 29 Currently reading

Published by Juris Publishing, Staempfli in Huntington, N.Y, Bern .
Written in English

    Subjects:
  • Arbitration and award, International -- Congresses,
  • Covenants not to sue -- Congresses,
  • Injunctions -- Congresses,
  • Arbitrage (Droit international privé) -- Congrès,
  • Abandon de recours -- Congrès,
  • Injonctions -- Congrès,
  • Internationale Schiedsgerichtsbarkeit -- Aufsatzsammlung

  • Edition Notes

    Other titlesAntisuit injunctions in international arbitration
    Statementgeneral editor, Emmanuel Gaillard ; reference editor, Nanou Leleu-Knobil.
    GenreCongresses, Congrès, Aufsatzsammlung
    SeriesIAI series on international arbitration -- no. 2
    ContributionsGaillard, Emmanuel., Leleu-Knobil, Nanou., International Arbitration Institute.
    Classifications
    LC ClassificationsK2400.A6 I15 2003
    The Physical Object
    Paginationiii, 365 p. ;
    Number of Pages365
    ID Numbers
    Open LibraryOL23148535M
    ISBN 101929446608, 3727227125
    ISBN 109781929446605, 9783727227127
    LC Control Number2009368413

    London has long been a city associated with international arbitration. In , even with the UK referendum on EU membership looming, according to analysis by theCity UK, London was the seat or centre of 4, international commercial arbitrations, mediations and adjudications in These were conducted under the auspices of numerous institutions, with the long . It is well settled that U.S. courts have the power to issue an anti-suit injunction — that is an injunction enjoining a person subject to their jurisdiction from prosecuting a foreign suit. Kaepa, Inc. v. Achilles Corp., 76 F.3d , (5th Cir. ).

      In GM1 and GM2 v KC [] HKCFI , the Hong Kong Court of First Instance granted an interim anti-suit injunction restraining mainland Chinese court proceedings involving a third party, and clarified the jurisdiction basis for doing so.. The decision reflects the long-standing pro-arbitration approach of the Hong Kong courts and confirms that arbitration clauses are not .   Similar to anti-suit injunctions developed in the English legal tradition, anti-suit injunctions issued by arbitrators aim at discouraging a party to an arbitration agreement from commencing or continuing a suit in another forum, 4 i.e. to prevent parallel proceedings which may result in conflicting decisions by two (or more) different bodies Author: Paweł Marcisz, Aleksandra Orzeł-Jakubowska.

    Benoit Le Bars, founding partner, published an article in the International Business Law magazine that addresses the use of anti-suit injunctions in international arbitration, and particularly focuses on the advantages of adopting them under OHADA law. This article discusses the various problems posed by the adoption of the common-law mechanism in a civil law environment. .   With a world-class editor team, content items and authorship from almost of the world’s foremost scholars, the Encyclopedia of Private International Law is the definitive reference work in the field. 57 different countries are represented by authors who shed light on the current state of Private International Law around the globe Cited by: 1.


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Anti-suit injunctions in international arbitration by IAI Seminar (2003 Paris, France) Download PDF EPUB FB2

Expected in June. Pre-order now. Anti-suit Injunctions in International Arbitration covers the controversial and emerging topic of anti-suit injunctions issued by courts and arbitral tribunals in both international commercial and investment arbitration.

By focusing on the legality and various effects of anti-suit injunctions, it provides for workable solutions for the use of anti-suit. In the past few years, the use of anti-suit injunctions in the context of international arbitration has been spreading at a disturbing pace.

The courts of many common law countries but also those of civil law tradition frequently resort to this device at a party's request, in order to disrupt the arbitration process or resist the enforcement of. Anti-suit injunctions are a device, originally found in common law countries, whereby a court-which retains its jurisdiction or anticipates to do so and which seeks to protect that jurisdiction or, more generally, the jurisdiction of the forum it deems to be the most appropriate- orders a party to refrain from bringing a claim before the courts of another State or before an arbitral tribunal Format: Hardcover.

In Review, Africa, Anti-suit injunction, Arbitration, Arbitration Proceedings, International arbitration, Investment Arbitration, Nigeria, Tanzania in Review: Sub-Saharan Africa Ana Carolina Dall'Agnol (Assistant Editor for Africa) (University of Oxford) / Decem Febru / Leave a comment.

Anti-suit injunctions are orders restraining a party from commencing or continuing proceedings before a state court and can be issued by a court or arbitral tribunal. This book examines if and when anti-suit injunctions can be ordered, and it contemplates their legal : Hardcover.

Anti-suit injunctions are granted when proceedings are initiated in breach of a binding arbitration clause. The rationale behind such injunctions is that the order is directed merely at the preservation of the parties’ rights and obligations under the arbitration agreement.

The subject of anti-suit injunctions in international arbitration is well described in the introduction to this publication.

It is a timely and serious subject. The threats to and breaches of the efficacy, the integrity, and in some cases the very viability of international arbitration are profound.

All Juris arbitration titles – in print or PDF– are exclusively available for purchase or research at Juris. The Juris Arbitration Law Online Library at is an arbitration-dedicated database that offers complete archival access to top-ranked arbitration journals and books by leading practitioners in the field of arbitration and dispute resolution.

ISBN: OCLC Number: Description: x, pages ; 25 cm. Contents: Preliminary considerations --The development of the anti-suit injunctions in litigation --Anti-suit injunctions issued by state courts in international commercial arbitration --Anti-suit injunctions issued by the arbitral tribunal --Anti-suit injunctions and 'third parties' --Comparison.

Place of arbitration: Lausanne, Switzerland ICC Rules of Arbitration: Summary of issues: anti-suit injunction as interim measure anti-suit injunction not subject to same criteria as interim measures on the merits breach of arbitration agreement risk of aggravation of the dispute provisional nature of decision.

One purpose for anti-suit injunctions is to stop parallel proceedings, that is, to stop parties from pursuing litigation or arbitration involving the same parties and the same claims in two different jurisdictions simultaneously.

To stop parallel proceedings in arbitration, a party will go to the court at the seat of the arbitration and will ask. Anti-suit injunctions may order a party not to pursue court proceedings initiated in breach of a dispute resolution clause, or an arbitration agreement.

Anti-suit injunctions are controversial, since they are an indirect interference with the judicial process of a foreign sovereign state, which is analyzed in this article. Introduction / Emmanuel Gaillard --Anti-suit injunctions in international arbitration --an overview / Stephen M.

Schwebel --Anti-suit injunctions issued by national courts to permit arbitration proceedings / Axel H. Baum --Anti-suit injunctions issued by national courts to prevent arbitration proceedings / Julian D. Lew --Court actions in. Section 44 of the Arbitration Act ( AA) grants the senior courts power to issue an anti-suit injunction to restrain parties from pursuing foreign court proceedings when arbitral proceedings have been commenced or are proposed to be commenced in England in accordance with an arbitration agreement.

1 The recent decision of the Supreme. Anti-suit injunctions Nature of anti-suit injunctions [10] The anti-suit injunction is a court order rendered against a private party with the aim either of preventing that party raising an action in another forum, or forcing that party to discontinue such an action if already started.

If the party disregards the anti-suit injunctionFile Size: KB. Anti-suit injunctions in support of arbitration (England and Wales) Practice notes. Under review •. Found in: Arbitration. This Practice Note considers anti-suit injunctions (ASI) issued or ordered by the English courts in the context of, or in support of, arbitration proceedings, and how and when they might be used to restrain breaches of an arbitration agreement.

In the area of conflict of laws, anti-suit injunction is an order issued by a court or arbitral tribunal 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. In so doing, the discussion not only considers "standard" anti-suit injunctions in both domestic and international settings but also addresses some of the more unusual procedures, such as anti-arbitration injunctions, anti-enforcement injunctions, and Author: S I Strong.

Anti-suit and anti-arbitration injunctions do not seek to enjoin a for-eign court or foreign arbitral tribunal, both of which would give little Diversity jurisdiction is not usually required for a court to issue an anti-suit injunction where international arbitration is implicated (9 U.S.C.

§ ). For more information about subject matter File Size: KB. In particular, this book examines the basis of the power of English Courts to grant such injunctions and explains when such injunctions will be granted.

It considers any limitations attached to such injunctions and the relationship between section 44 of the Arbitration Act and section 37 of the Senior Courts Act. Arbitration SpeedRead: An Update on Anti-Suit Injunctions and the Recast Brussels Regulation Print Twitter LinkedIn Inthe European Court of Justice held in Allianz SpA v West Tankers Inc (Case C/07) that the granting of an anti-suit injunction restraining proceedings brought in another EU member state in breach of an arbitration.

Commercial arbitration has grown extensively over the past few decades, making it a popular method of dispute resolution in the international realm. Just because a party signed a contract to arbitrate, however, doesn’t necessarily mean that it will appear before a tribunal.

Sometimes a party runs to a “friendly” foreign court in an attempt to get a judgment in its favor. U.S. Anti-Suit Injunctions in Support of International Arbitration: Five Questions American Courts Ask Journal of International Arbitration, Vol.

28, No. 1, pp.34 Pages Posted: 3 Mar Last revised: 12 Mar Author: Chetan Phull.