Document Type

Article

Publication Date

1990

Center/Program

Center for International Commercial and Investment Arbitration

Abstract

Of the various forms of provisional relief in the context of inter-national litigation, none has sparked as much interest and controversy as the international anti-suit injunction. In many ways the international anti-suit injunction, an instrument by which a court of one jurisdiction seeks to restrain the conduct of litigation in another jurisdiction, resembles more conventional forms of international provisional relief such as the foreign attachment or preliminary injunction. Like them, the anti-suit injunction affords courts an important opportunity to affect the course and significance of litigation abroad. However, such intervention strongly implies – and often actually creates – jurisdictional conflict rather than the jurisdictional cooperation often associated with the notion of provisional relief in domestic and inter-national litigation alike. That anti-suit injunctions are addressed to private persons within the jurisdiction of the enjoining court (operating against them in personam), rather than directly to the foreign court whose proceedings are at issue, does not substantially lessen the element of conflict.

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