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1 Introduction

Thomas Raphael

From: The Anti-Suit Injunction (2nd Edition)

Thomas Raphael QC

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 05 February 2023

Injunctions to restrain proceedings in England and Wales — Remedies

This introductory chapter provides an overview of anti-suit injunctions. An anti-suit injunction, in its most typical form, orders a party to cease to pursue, or not to commence, court proceedings abroad. 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. Anti-suit injunctions have been criticized, especially by authors and judges from civil law systems, where anti-suit injunctions are largely although not entirely unfamiliar. It has been argued that they are irreconcilable with international comity and public international law, and amount to an unjustifiable interference with the sovereignty of the foreign state and the jurisdiction of the foreign court. Yet there should be little doubt about the power of the remedy as a practical tool. The chapter then looks at anti-suit injunctions in other legal systems.

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