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Thursday, November 12, 2020 | History

5 edition of Anti-Suit Injunctions in International Arbitration (International Arbitration No 2) found in the catalog.

Anti-Suit Injunctions in International Arbitration (International Arbitration No 2)

  • 303 Want to read
  • 16 Currently reading

Published by JurisNet, LLC .
Written in English

    Subjects:
  • Law,
  • General,
  • Arbitration and award, International,
  • Congresses,
  • Covenants not to sue,
  • Injunctions

  • The Physical Object
    FormatHardcover
    Number of Pages350
    ID Numbers
    Open LibraryOL12299470M
    ISBN 101929446608
    ISBN 109781929446605

    1. An introduction - where has international commercial arbitration come from? 2. An overview - where is international commercial arbitration going? 3. The relationship between national courts and international commercial arbitration. 4. Anti-Suit Injunctions after West Tankers – the rise of the “Foreign Torpedo”. 5. Buy Anti-Suit Injunctions In International Arbitration: IAI Seminar Paris - Novem (International Arbitration no 2) by Gaillard, Emmanuel (ISBN: ) from Amazon's Book Store. Everyday low prices and free delivery on eligible : Hardcover.


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Anti-Suit Injunctions in International Arbitration (International Arbitration No 2) by Emmanuel Gaillard Download PDF EPUB FB2

Expected in June. Pre-order now. Anti-suit Injunctions in International Arbitration covers the controversial and emerging topic of anti-suit injunctions issued by courts and arbitral tribunals in both international commercial and investment arbitration.

By focusing on the legality and various effects of anti-suit injunctions, it provides for workable solutions for the use of anti-suit. 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.

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 the courts of another State or before an arbitral tribunal Format: Hardcover.

In Review, Africa, Anti-suit injunction, Arbitration, Arbitration Proceedings, International arbitration, Investment Arbitration, Nigeria, Tanzania in Review: Sub-Saharan Africa Ana Carolina Dall'Agnol (Assistant Editor for Africa) (University of Oxford) / Decem Febru /.

Anti-suit injunctions are orders restraining a party from commencing or continuing proceedings before a state court and can be issued by a court or arbitral tribunal.

This book examines if and when anti-suit injunctions can be ordered, and it contemplates their legal : Hardcover. The subject of anti-suit injunctions in international arbitration is well described in the introduction to this publication.

It is a timely and serious subject. The threats to and breaches of the efficacy, the integrity, and in some cases the very viability of international arbitration are profound. All Juris arbitration titles – in print or PDF– are exclusively available for purchase or research at Juris. The Juris Arbitration Law Online Library at is an arbitration-dedicated database that offers complete archival access to top-ranked arbitration journals and books by leading practitioners in the field of arbitration and dispute resolution.

Anti-suit injunctions are granted when proceedings are initiated in breach of a binding arbitration clause. The rationale behind such injunctions is that the order is directed merely at the preservation of the parties’ rights and obligations under the arbitration agreement. ISBN: OCLC Number: Description: x, pages ; 25 cm.

Contents: Preliminary considerations --The development of the anti-suit injunctions in litigation --Anti-suit injunctions issued by state courts in international commercial arbitration --Anti-suit injunctions issued by the arbitral tribunal --Anti-suit injunctions and 'third parties' --Comparison of anti.

Place of arbitration: Lausanne, Switzerland ICC Rules of Arbitration: Summary of issues: anti-suit injunction as interim measure anti-suit injunction not subject to same criteria as interim measures on the merits breach of arbitration agreement risk of aggravation of the dispute provisional nature of decision.

One purpose for anti-suit injunctions is to Anti-Suit Injunctions in International Arbitration book parallel proceedings, that is, to stop parties from pursuing litigation or arbitration involving the same parties and the same claims in two different jurisdictions simultaneously.

Anti-Suit Injunctions in International Arbitration book stop parallel proceedings in arbitration, a party will go to the court at the seat of the arbitration and will ask.

Anti-suit injunctions in support of arbitration (England and Wales) Practice notes. Under review •. Found in: Arbitration. This Practice Note considers anti-suit injunctions (ASI) issued or ordered by the English courts in the context of, or in support of, arbitration proceedings, and how and when they might be used to restrain breaches of an arbitration agreement.

Introduction / Emmanuel Gaillard --Anti-suit injunctions in international arbitration --an overview / Stephen M. Schwebel --Anti-suit injunctions issued by national courts to permit arbitration proceedings / Axel H. Baum --Anti-suit injunctions issued by national courts to prevent arbitration proceedings / Julian D.

Lew --Court actions in. In particular, this book examines the basis of the power of English Courts to grant such injunctions and explains when such injunctions will be granted. It considers any limitations attached to such injunctions and the relationship between section 44 of the Arbitration Act.

Commercial arbitration has grown extensively over the past few decades, making it a popular method of dispute resolution in the international realm. Just because a party signed a contract to arbitrate, however, doesn’t necessarily mean that it will appear before a tribunal.

Sometimes a party runs to a “friendly” foreign court in an attempt to get a judgment in its favor. 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 the courts of another State or before an.

It is well settled that U.S. courts have the power to issue an anti-suit injunction — that is an injunction enjoining a person subject to their jurisdiction from prosecuting a foreign suit. Kaepa, Inc. Achilles Corp., 76 F.3d(5th Cir.

Similar to anti-suit injunctions developed in the English legal tradition, anti-suit injunctions issued by arbitrators aim at discouraging a party to an arbitration agreement from commencing or continuing a suit in another forum, 4 i.e.

to prevent parallel proceedings which may result in conflicting decisions by two (or more) different bodies Author: Paweł Marcisz, Aleksandra Orzeł-Jakubowska. Benoit Le Bars, founding partner, published an article in the International Business Law magazine that addresses the use of anti-suit injunctions in international arbitration, and particularly focuses on the advantages of adopting them under OHADA law.

This article discusses the various problems posed by the adoption of the common-law mechanism in a civil law environment. Anti-arbitration injunctions must be distinguished from the more well-known anti-suit injunctions. While the latter is in the nature of injunction orders passed by a judicial authority directing a party not to initiate or pursue legal action in a foreign court, the former includes injunction orders directing a party to not initiate or continue.

With a world-class editor team, content items and authorship from almost of the world’s foremost scholars, the Encyclopedia of Private International Law is the definitive reference work in the field.

57 different countries are represented by authors who shed light on the current state of Private International Law around the globe Cited by: 1. King & Spalding is widely recognized as one of the world’s leading law firms in international arbitration and litigation.

We represent clients in commercial and investment arbitration, and in courts around the world in international litigation, such as motions to compel arbitration, anti-suit injunctions and enforcement actions. English Anti-Suit Injunctions in Support of Arbitration Samar Abbas and David Hopkins.

This article considers the position under English law for parties seeking to injunct proceedings in other jurisdictions in breach of a valid agreement to arbitrate. English courts have shown great willingness to grant such injunctions in appropriate cases. Such injunctions are colloquially known as “anti-suit” injunctions and something of an industry of common law case law has grown-up around them.

It is important to recognise that the grant of an anti-suit injunction to restrain a defendant’s pursuit of overseas court proceedings brought in breach of an agreement to arbitrate is not an.

“Anti-Suit Injunctions and the Vexing Problem of Comity,” 45 Virgi nia Journal of International Law TCL Commc’n Tech. Holdings, Ltd. Telefonaktienbolaget LM Ericsson et al.

(C.D. Cal. Such anti-suit injunctions could be issued at the seat of the arbitration or elsewhere, although anti-suit injunctions issued at the seat of the arbitration provide particular insight into the consequences of the three representations of international arbitration.

The book presents a thorough analysis of the anti-suit injunction in practice and principle, digesting all the case law and explaining the theoretical issues arising from it. Its scope is now extended to include an analysis of Commonwealth case law, which casts a new light on English law.

Last but not least, the book does not contain any information about the so-called 'Emergency Arbitrator' procedure available now under a number of institutional arbitration rules and the topic of anti-suit injunctions is yet another point which has been touched upon by the author of present book /5(15).

Buy Anti-Suit Injunctions In International Arbitration, by Emmanuel Gaillard, ISBNpublished by Juris Publishing fromthe World's Legal Bookshop.

Shipping in the UK is free. Competitive shipping rates world-wide. Product reviews for Anti-Suit/Arbitration Injunctions. Write your own review. Only registered users can write reviews; Review title.

4th ICC Africa Conference on International Arbitration. Lagos, Nigeria. Read More. June E-book FAQs; Shipping; Return policy; Disclaimers. Anti-suit injunctions are an important defence of arbitration. The English court is able and willing to assist a party to an arbitration agreement that finds itself a defendant in foreign litigation wrongly brought in breach of the arbitration clause (most commonly where the seat of the agreed arbitration would be in England or Wales).

This chapter details the anti-suit injunctions and arbitration. It deals with the Supreme Court Actsection 50 and damages for breach of the arbitration agreement, and. Anti-suit Injunctions, Arbitration and the ECJ: An Approach too Far?” Injunctive Relief and International Arbitration.

Research output: Book/Report › Book. Anti-suit injunctions and Arbitration: Parasitic or. Last year, our round-up of developments in international arbitration concentrated on the impact of the European Court of Justice (“ECJ”) decision in the West Tankers case.

The case concerned anti-suit injunctions. Just because a contract contains an arbitration clause parties will on occasion try to take disputes to court. Nori Holdings v PJSC Bank and the tale of anti-suit Injunctions Islamic finance arbitration: enforceability under the New York Convention of arbitration awards made following a reference to the Shariah Advisory Council under the Central Bank of Malaysia Act   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 Quasi-Contractual Anti-Suit Injunction Injunctions to Restrain Arbitration Proceedings Anti-Suit Injunctions and European Jurisdictional Law.

Anti-suit injunctions raise the issue of which national courts and arbitral tribunals have jurisdiction to decide on the validity, scope and effectiveness of an arbitration agreement and in which order (see, Anti-Suit Injunctions in International Arbitration,IAI Series on International Arbitration N°2, Emmanuel Gaillard Ed., Juris.

A non-contractual anti-suit injunction has, it seems, been granted by the Supreme Court of Germany long ago in an international divorce case, Reinhard RG 03/03/, RGZ (referred to in P Schlosser, ‘Anti Suit Injunctions in International Arbitration’ () RIW and M Lenenbach, ‘Anti-Suit Injunctions in England, Germany and the Author: Thomas Raphael.

One of the recent landmarks in international commercial arbitration is the decision of the ECJ in Allianz SpA Tankers wherein the ECJ had held that issuing anti-suit injunctions was against the EC Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial decision has invited a great deal of : Badrinath Srinivasan.

International Arbitration. Anti-Suit/Arbitration Injunctions E-Chapter from ICC Dispute Resolution Bulletin Procedural Decisions in ICC Arbitration Edition. Product Language: Be the first to review this product.

ICC Case studies and > Read more. e-Book e-Book €. 12/09/ ‘The Anti-Suit Injunction’ (2nd Edition) book published today. Thomas Raphael QC, of Twenty Essex, is pleased to announce the publication of his book ‘The Anti-Suit Injunction’ (2nd edition).Copies can be purchased as of today.

This book is the point of reference for all those interested in anti-suit injunctions and conflicts between jurisdictions.Anti-suit injunctions In common law countries anti-suit injunctions are court orders used to prevent a court or tribunal from assuming jurisdiction or taking over an ongoing lawsuit.

[5] An anti-suit injunction may also be used to prevent a party from filing a second lawsuit in .In a three-day symposium held at the School of International Arbitration, Centre for Commercial Law Studies (CCLS), Queen Mary University of London, on the occasion of its twentieth anniversary in Aprila stellar array of practitioners and academics undertook the task of taking a fresh look at some of the persistent legal and practice issues of international s: 1.