The Anti-Suit Injunction
Published on 2. October 2008
Book
Hardback
560 pages
978-0-19-928732-1 (ISBN)
Description
Questions relating to anti-suit injunctions arise frequently in commercial practice, as commercial litigation is often disputed in several jurisdictions simultaneously. In these circumstances, a party preferring to conduct its litigation in England would need to determine whether it might be possible and effective to obtain an anti-suit injunction to restrain the other party from conducting its proceedings in another jurisdiction. This book provides a comprehensive but concise analysis of all the relevant principles and case-law surrounding anti-suit injunctions. Particular emphasis is given to addressing the many practical problems that are likely to confront a practitioner applying for or resisting an anti-suit injunction in urgent circumstances. There are also chapters on related topics such as claims for damages in respect of foreign litigation and other practical remedies that can be used when an anti-suit injunction is not available. The effect of European Jurisdictional Law on the power to grant anti-suit injunctions is considered in detail.This book is the first major treatment of anti-suit injunctions and examines in detail those effects, and evaluates the case law as it has developed.
Reviews / Votes
I mean no disrespect to the impressively full skeletons in the present case, nor to the expert oral presentation on both sides. However in some ways I found the simplest and clearest exposition of the problem with which we are faced in Thomas Raphaels book The Anti-Suit Injunction Although that discussion merited a footnote in the skeletons, it might usefully have been given more prominence. It has not of course dispensed with the need for a journey through the authorities, but it has provided signposts to the general direction of travel and independent guidance along the way. Carnwath LJ, in Deutsche v Highland The book which deserves to be widely read and its content well known is a serious piece of work of a particular kind[it] is well written and is comfortable to read Adrian Briggs, University of Oxford, Lloyds Maritime and Commercial Law Quarterly Mr Raphael's book provides a comprehensive but concise analysis of all the relevant principles and case law surrounding anti-suit injunctions. This book is the first major treatment of anti-suit injunctions and examines in detail those effects, and evaluates the case law as it has developed. Yasmine Lahlou and Marina Matousekova, International Business Law Journal Using a very clear style, which is both elegant and accurate, Raphael offers an impressive synthetic analysis of the anti-suit injunction, an area of law characterised by many uncertainties. The Anti-Suit Injunction is however not (just) a practitioner's textbook. It entails incursions into more theoretical debates [and] provides a rich analysis of, and represents a remarkable contribution to, the law of anti-suit injunctions. It is highly recommended Aude Fiorini, Scots Law Times Raphael provides very useful analysis of the anti-suit injunctionThe text is clearly arranged, and contains a level of detail to which a short review such as this cannot do justice ... Raphael's desire to fuse theory and practice should ... be acknowledged as admirable Kirsty J. Hood, Edinburgh Law ReviewMore details
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 241 mm
Width: 163 mm
Thickness: 36.2 mm
Weight
944 gr
ISBN-13
978-0-19-928732-1 (9780199287321)
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Schweitzer Classification
Person
Content
PART I INTRODUCTION AND BACKGROUND; 1. Introduction; 2. History and Development; PART II SUBSTANTIVE LAW; 3. Nature and Power; 4. The Conditions for Relief: Preliminary; 5. Anti-Suit Injunctions to Restrain a Breach of Contract; 6. Jurisdiction and Arbitration Clauses; 7. Anti-Suit Injunctions where there is no Jurisdiction Clause; 8. Anti-Suit Injunctions in Aid of Foreign Courts; 9. Dealing with the Reactions of Foreign Courts: Anti-Suit Injunctions; 10. The Exercise of Power as regards the Brussels/Lugano Zone; 11. Practical Substitutes for Anti-Suit Injunctions; PART III JURISDICTION; 12. Jurisdiction: Preliminary; 13. Jurisdiction over Brussels/Lugano Defendants; 14. Jurisdiction over Non-Brussels/Lugano Defendants; 15. Recognising and Enforcing Foreign Anti-Suit Injunctions; PART IV ENFORCEMENT; 16. Enforcement of Anti-Suit Injunctions by the English Court; 17. Recognition and Enforcement of English Anti-Suit Injunctions by Foreign Courts; PART V PROCEDURE; 18. Procedure; PART VI COMPARISONS AND CRITICISMS; 19. Foreign Law; 20. Reform; APPENDICES; BIBLIOGRAPHY; INDEX