Anti-suit injunction
Encyclopedia
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. If the opposing party contravenes such an order issued by a court, a contempt of court
order may be issued by the domestic court against that party.
It is often used as a means to prevent forum shopping
. In recent years many jurisdictions have placed a high standard to obtain an injunction such as where the proceedings are "oppressive or vexatious". Furthermore, in proceedings where Council Regulation (EC) No 44/2001 applies to the parties, the anti-suit injunction is no longer available to assist litigation or arbitration .
Conflict of laws
Conflict of laws is a set of procedural rules that determines which legal system and which jurisdiction's applies to a given dispute...
, anti-suit injunction is an order issued by a court
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
or arbitral tribunal
Arbitral tribunal
An arbitral tribunal is a panel of one or more adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which might include either a chairman or an umpire...
that prevents an opposing party from commencing or continuing a proceeding in another jurisdiction or forum. If the opposing party contravenes such an order issued by a court, a contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
order may be issued by the domestic court against that party.
It is often used as a means to prevent forum shopping
Forum shopping
Forum shopping is the informal name given to the practice adopted by some litigants to get their legal case heard in the court thought most likely to provide a favorable judgment...
. In recent years many jurisdictions have placed a high standard to obtain an injunction such as where the proceedings are "oppressive or vexatious". Furthermore, in proceedings where Council Regulation (EC) No 44/2001 applies to the parties, the anti-suit injunction is no longer available to assist litigation or arbitration .