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The Anti-Suit Injunction by Raphael, Thomas (9th October 2008)

1 Introduction

From: The Anti-Suit Injunction

Thomas Raphael

Subject(s):
Injunctions to restrain proceedings abroad — Non-contractual anti-suit injunctions — Jurisdiction under the Brussels-Lugano Regime — Mandatory provisions and public policy
1.01 An anti-suit injunction, in its most typical form, orders a party to cease to pursue court proceedings abroad. 1 It is backed by the threat of punishment for contempt of court if it is not obeyed. It is little surprise that it is one of the most controversial and contested remedies in the court’s armoury. 1.02 Anti-suit injunctions have been criticized, especially by authors and judges from civil law systems, where anti-suit injunctions are largely but not entirely unknown. 2 It has been is argued that they are irreconcilable with international comity and...
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