The Anti-Suit Injunction

Overview

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 proceeding in another jurisdiction.

This pack includes an updating supplement which ...

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Overview

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 proceeding in another jurisdiction.

This pack includes an updating supplement which complements the main work, The Anti-Suit Injunction , and brings it up to date in what is a fast-moving field. In particular it takes account of the volume of case law on the anti-suit injunction since the book was published, including most significantly the decision of the European Court of Justice in The Front Comor, the recent important House of Lords decision in Masri v Khoury, and other cases such as Wadi Sudr, CMA CGM v Hyundai, and Deutsche v Highland.

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Product Details

  • ISBN-13: 9780199589807
  • Publisher: Oxford University Press
  • Publication date: 7/14/2010
  • Pages: 688
  • Product dimensions: 6.65 (w) x 9.41 (h) x 1.73 (d)

Meet the Author

Thomas Raphael is a barrister practicing in commercial law at 20 Essex Street Chambers. He has frequently been involved with anti-suit injunction cases and acts in commercial arbitrations

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Table of Contents

1. Introduction
2. The History of an Unusual Remedy
3. Power, Nature, and Form
4. Injunctions to Restrain Proceedings Abroad: General Principles
5. Non-Contractual Anti-Suit Injunctions
6. Injunctions in Relation to Proceedings in England and Wales
7. Anti-Suit Injunctions and Exclusive Forum Clauses
8. Strong Reasons and Discretion
9. Non-Exclusive Jurisdiction Clauses
10. Quasi-Contractual Anti-Suit Injunctions
11. Injunctions to restrain Arbitration Proceedings
12. Anti-Suit Injunctions and European Jurisdictional Law
13. Interim Anti-Suit Injunctions
14. Claims for Damages
15. Alternative Remedies
16. The Framework of Jurisdictional Law
17. Jurisdiction under the Brussels-Lugano Regime
18. Jurisdiction under the Common Law Rules

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