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ARTICLE · 17 NOVEMBER 2017

A First In Ireland: Anti-Suit Injunctions

Arthur Cox
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The Irish High Court recently refused to grant an injunction to prohibit legal proceedings in the United States...

IrelandLitigation, Mediation & Arbitration
Andrew Lenny
Andrew Lenny
Conall O’Shaughnessy
Conall O’Shaughnessy
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The Irish High Court recently refused to grant an injunction to prohibit legal proceedings in the United States, in the first decision of an Irish court on so-called "anti-suit" injunctions (Walters & anor v Flannery & anor). Arthur Cox acted for the defendants in successfully defending the application for the injunction.

WHAT IS AN ANTI-SUIT INJUNCTION?

Anti-suit injunctions prohibit a party from taking or continuing a case in another jurisdiction. They are used to enforce exclusive jurisdiction clauses and to prevent forum shopping, which is where a party chooses to bring proceedings in the jurisdiction which it considers will be most favourable toits case. Applications for anti-suit injunctions typically arise where a party takes a case which is perceived to be in breach of an exclusive jurisdiction clause.

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