Anti-suit Injunction in International Arbitration
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Date
2016-02
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Addis Ababa University
Abstract
The involvement of national courts is essential to the overall effectiveness of arbitration, both in
domestic and international level. However, anti-suit injunction as an instrument of terminating
or staying arbitral proceeding, the relationship of national courts and arbitral tribunals are vary
between forced cohabitation and true partnership. Moreover, a marked increase of anti-suit
injunctions issued by both Arbitral Tribunals and National Courts has been seen recently. This
thesis, therefore, identifies the power of both national courts and arbitral tribunals towards
issuing anti-suit injunction in international arbitration. In addition, compatibility of anti-suit
injunction with the general purposes and principles of international arbitration have been
critically scrutinized. Furthermore, the legal effect of anti-suit injunction in international
arbitration is addressed in detail. Finally, after a profound analysis on the above three areas of
controversies in international commercial arbitration, the thesis argues that since anti-suit
injunction is a new trend in international arbitration, both National Courts and Arbitral
Tribunals should always exercise this power with due care because their effects may be more
harmful than the problem they are seeking to resolve it.
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Keywords
Anti-suit Injunction, Judicial Intervention, International Arbitration.