Anti-suit Injunctions in International Arbitration
IAI Seminar, Paris, November 21, 2003
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IAI Series No. 2
The International Arbitration Institute (IAI) serieson international arbitration is a new periodic series of publications
that will focus on cutting edge issues and developments in internationalarbitration.
About the IAI:
The International Arbitration Institute (IAI), an organization created under the auspices of the Comité Français de ľ Arbitrage (CFA),was created to promote exchanges in international arbitration. The IAI
is designed to promote exchanges on current issues in the field of
international commercial arbitration. Its activities include the regularorganization of international conferences, colloquiums, as well as
conducting various research projects.
About the Book:
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 thecourts of another State or before an arbitral tribunal or, if the partyhas already brought such a claim, orders that party to withdraw from,
or the arbitrators to suspend, the proceedings.
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
the award.
How best to resolve those conflicts arising as a result of national
courts' differing perspectives on the validity and scope of certain
arbitration agreements? Are anti-suit injunctions in conformity with therequirements 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, or should they, like the
U.S. Court of Appeal for the 5th Circuit in the Pertamina case, exercisea commandable "self-restriction"? These are just a few of the issues
addressed in Anti-Suit Injunctions in International Arbitration.
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