Kalpana Kalpana (Editor)

Anti suit injunction

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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.

It is often used as a means to prevent forum shopping. 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 where the Brussels Regime applies to the parties, the anti-suit injunction is no longer available in litigation or arbitration.

References

Anti-suit injunction Wikipedia


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