The Use of Anti-Suit Injuctions in International Arbitration

Anti-suit injunctions are a device whereby a court - which retains or seeks to protect its jurisdiction or, more generally, the jurisdiction of the forum it deems to be most appropriate - orders a party to refrain from bringing a claim before the courts of another State or before an arbitral tribunal. In recent 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 as well as 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 the award. How best to resolve those conflicts arising from national courts' differing perspectives on the validity and scope of certain arbitration agreements? Are anti-suit injunctions in conformity with the requirements of public international law? When the courts of certain states enjoin a party to refrain from proceeding with an arbitration, should other courts enjoin them not to enjoin? These are just a few of the issues addressed in "The Use of Anti-Suit Injunctions in International Arbitration".