Anti-Suit Injunctions In International Arbitration

Anti-suit injunctions are national court orders used especially in common law countries, in order to protect the jurisdiction of the arbitral tribunal, or to prevent the tribunal from assuming jurisdiction. Anti-suit injunctions may order a party not to pursue court proceedings initiated in breach of a dispute resolution clause, or an arbitration agreement. Anti-suit injunctions are controversial, since they are an indirect interference with the judicial process of a foreign sovereign state, which is analyzed in this article.

In General

The anti-suit injunction is a court order rendered against a private party with the intention of either to prevent that party from commencing an action in another forum, or forcing that party to discontinue such an action if already started¹.