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Contents
The Anti-Suit Injunction by Raphael, Thomas (9th October 2008)
- Preliminary Material
- General Editor’s Preface
- Foreword
- Preface
- Contents—Summary
- Contents
- Table of Cases
- Table of European Cases
- Table of International Cases
- Table of UK Statutory Instruments
- Table of the Brussels-Lugano Regime
- Table of European Legislation
- Table of International Treaties and Conventions
- Table of UK Statutes
- Abbreviations and Glossary
- Main Text
- 1 Introduction
- 2 The History of an Unusual Remedy
- 3 Power, Nature, and Form
- 4 Injunctions to Restrain Proceedings Abroad: General Principles
- Preliminary Material
- A The General Principles
- B Applicable Law
- C A Discretionary Remedy Governed by Principle
- D The Ends of Justice
- E Unconscionable Conduct
- F A Legal or Equitable Right
- G Vexatious or Oppressive Conduct
- H Interference With the Process of the English Court
- I Forum non Conveniens
- J Legitimate and Illegitimate Advantages
- K Comity
- L Natural Forum
- M Other Discretionary Considerations
- 5 Non-Contractual Anti-Suit Injunctions
- 6 Injunctions in Relation to Proceedings in England and Wales
- Preliminary Material
- A Introduction
- B Powers to Grant Injunctions in Relation to English Proceedings
- C Principles Governing Injunctions in England
- D Injunctions to Restrain the Use of Confidential Information
- E Injunctions to Restrain Winding up Petitions
- F Injunctions to Protect Winding up Proceedings
- G Orders to Restrain Vexatious Litigants
- 7 Anti-Suit Injunctions and Exclusive Forum Clauses
- 8 Strong Reasons and Discretion
- 9 Non-Exclusive Jurisdiction Clauses
- 10 Quasi-Contractual Anti-Suit Injunctions
- 11 Injunctions to Restrain Arbitration Proceedings
- 12 Anti-Suit Injunctions and European Jurisdictional Law
- Preliminary Material
- A Introduction
- B Both Sets of Proceedings Within the Brussels-Lugano Regime and Zone
- C Competing Proceedings Outside the Brussels-Lugano Zone
- D Injunctions and Proceedings in the United Kingdom
- E Injunctions to Enforce an Arbitration Clause
- F Anti-Suit Injunctions Granted by Arbitrators
- G Underlying Proceedings Outside the Material Scope of the Regime
- H ‘Target’ Proceedings Outside the Scope of the Regulation
- I Injunctions in General Terms
- J Injunctions Granted Before Accession
- K Declarations
- L Claims for Damages
- 13 Interim Anti-Suit Injunctions
- Preliminary Material
- A Introduction
- B Power and Nature
- C Procedure and Form
- D The Principles to be Applied to the Grant of Interim Anti-Suit Injunctions
- E The Court’s Discretion
- F Mandatory Interim Injunctions
- 14 Claims for Damages
- 15 Alternative Remedies
- Preliminary Material
- A Introduction
- B Declarations
- C Applications for the Appointment of an Arbitrator
- D Procedural Management
- E Resisting Enforcement
- 16 The Framework of Jurisdictional Law
- 17 Jurisdiction under the Brussels-Lugano Regime
- Preliminary Material
- A Introduction
- B Jurisdiction Over Final Anti-Suit Injunctions Under the Brussels-Lugano Regime
- Jurisdiction based on domicile: Article 2
- Domicile outside the Brussels-Lugano zone: Article 4
- Domicile elsewhere in the Brussels-Lugano zone
- Article 5(1) in general: place of performance of a contract
- Article 5(1): goods and services
- Tort (and equitable wrongs): Article 5(3)
- Connected claims: Article 6(1)
- Third party proceedings: Article 6(2)
- Other available heads of special jurisdiction
- Heads of special jurisdiction which are unlikely to apply
- The special protective regimes: insurance, consumer contracts, and employment
- Exclusive jurisdiction: Article 22
- Jurisdiction clauses: Article 23
- Submission to the jurisdiction: Article 24
- Article 31
- C Lis Pendens
- D Interim Anti-Suit Injunctions
- 17.40
- Jurisdiction over interim relief under the heads of jurisdiction in the Regulation
- Interim injunctions where the court has substantive jurisdiction under the regime
- Interim injunctions in single forum cases
- Interim injunctions sought in English court proceedings outside the regime
- Injunctions in support of proceedings elsewhere in the Brussels-Lugano zone
- Interim injunctions to protect arbitration proceedings in England (or abroad)
- 18 Jurisdiction under the Common Law Rules
- Preliminary Material
- A Introduction
- B Service Within the Jurisdiction
- C Forum Non Conveniens
- D Service Out of the Jurisdiction
- E The Nature of Anti-Suit Injunctions and CPR 6.20
- F The Heads of Jurisdiction under CPR 6.20
- G Jurisdiction by Way of Counterclaim
- H Discretion under CPR 6.20
- I Arbitration Claims
- J Jurisdiction and Interim Anti-Suit Injunctions
- 18.43
- Does jurisdiction over the substantive dispute bring with it jurisdiction over interim relief?
- Jurisdiction based on submission
- Jurisdiction based on presence within the jurisdiction
- Service of interim anti-suit injunctions out of the jurisdiction under CPR 6.20
- Interim relief in support of foreign proceedings: CPR 6.20(4)
- Jurisdiction and interim injunctions in support of arbitration
- Further Material
- Appendix: Precedents
- A Claim for a Final Injunction
- B Application for an Interim Injunction With Notice
- C Application for an Interim Injunction Without Notice, Together With an Application to Serve Proceedings Out of the Jurisdiction
- D Injunction Sought to Enforce an Arbitration Clause by Arbitration Claim Form
- E Interim Non-Contractual Anti-Suit Injunction Sought in Existing Proceedings
- Index
- Appendix: Precedents
