Anti-suit injunction

Anti-suit injunction

In the area of conflict of law, anti-suit injunction is an order issued by a court or arbitral tribunal [Lévy, Laurent, "Anti-suit Injunctions Issued by Arbitrators", in Emmanuel Gaillard (ed.), Anti-Suit Injunctions In International Arbitration (Berne: Staempfli, 2005)] 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".


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