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Part IV Commencing and Preventing Proceedings, 16 Restraining Foreign Proceedings

From: International Commercial Litigation (2nd Edition)

Richard Fentiman

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 May 2024

Restraining foreign proceedings — Anti-suit injunctions and jurisdiction
16.01 The purpose of an anti-suit injunction is to restrain a claimant from pursuing a claim in a foreign court. Such relief is most commonly granted for one of three reasons: because the foreign proceedings were commenced in breach of contract, because in breach of an exclusive jurisdiction or arbitration agreement; because a party unsuccessful in English proceedings has sought to re-litigate the same issue abroad; and because a defendant in English proceedings has commenced proceedings in another court for tactical reasons. 16.02 It may be asked why an...
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