Popular tips

What is meant by anti-suit injunction?

What is meant by anti-suit injunction?

Anti-Suit Injunctions are meant to restrain a party to a suit/proceeding from instituting or prosecuting a case in another court, including a foreign court. Simply put, an anti-suit injunction is a judicial order restraining one party from prosecuting a case in another court outside its jurisdiction.

Can an arbitral tribunal grant anti-suit injunction?

Further, arbitral tribunals and commentators have recognized that injunctions against domestic criminal proceedings initiated against investors or persons involved in the arbitration proceedings (i.e., witnesses or experts) may encroach on the sovereign right to regulate.

What is anti-suit injunction in India?

An anti-suit injunction order is made against a party in personam restraining them from instituting a legal action or from continuing with proceedings that have already been instituted. This injunction can be granted in respect of proceedings in both the local and foreign courts.

What is injunction in private international law?

In the area of conflict of laws, anti-suit injunction is an order issued by a court or arbitral tribunal that prevents an opposing party from commencing or continuing a proceeding in another jurisdiction or forum.

Is an anti-suit injunction an interim measure?

Anti-suit injunctions will usually take the form of a procedural order or an interim award.

What is the principle of comity?

The legal principle that political entities (such as states, nations, or courts from different jurisdictions) will mutually recognize each other’s legislative, executive, and judicial acts.

What is anti suit injunction in India?

What does injunctive relief mean?

Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. It is generally only available when there is no other remedy at law and irreparable harm will result if the relief is not granted.

What is the nationality principle?

An international tenet which recognized the right of countries to exercise sovereign jurisdiction over a national even if the national violates sovereign laws in another country.

What is international comity in tax?

International Comity. Definition. www.quimbee.com) Comity is the respect accorded by nations to each other because they are sovereign equals. Thus, the property or income of a foreign state or government may not be the subject of taxation by another state.

How do you prove irreparable harm?

The movant usually needs to prove that he or she will suffer irreparable harm if the preliminary injunction or temporary restraining order is not granted. Examples of Irreparable Harm: Injury to reputation or goodwill. Deprivation of constitutional rights, such as the right to free speech.

Are there any anti suit injunctions in Europe?

A recent decision by the Court of Justice of the European Union has held that anti-suit injunctions issued by arbitral tribunals are not covered or prohibited by EU Regulation 44/2001. Anti-suit injunctions are orders directing a party not to initiate or pursue legal action in a different jurisdiction.

How are anti arbitration injunctions used in Singapore?

THE USE AND ABUSE OF ANTI-ARBITRATION INJUNCTIONS A Way Forward for Singapore Concomitant with the rise of international arbitrations, anti-arbitration injunctions are becoming increasingly popular as a tactical strategy. Although it may seem contrary to the policy of minimal curial intervention, this article

Can a EU court grant an anti suit Award?

This reasoning not only supports the power of an EU-seated arbitral tribunal to grant an anti-suit award against court proceedings elsewhere in the EU, but also permits a Member State court to do the same. His second line of reasoning expressed a more conventional view.

Is there an exclusion of Arbitration in the recast Brussels I Regulation?

Article 1 of the recast Brussels I Regulation continues to exclude arbitration from its scope. To address the issues raised by the West Tankers ruling, amongst others, the recast Brussels I Regulation clarifies (in its Recital 12) that there is an absolute exclusion of arbitration from its scope.