Anti-Suit Injunction in International Arbitration
No Thumbnail Available
Date
2016-02
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Addis Ababa University
Abstract
The involvement of national courts is essential to the overall effectiveness of arbitration, both ill
domestic and inferna/iollai level. Howev er, anti-suit injunction as an instrul'nent of terrl/inating
or staying arbitral proceeding, the relationship of national courts and arbitral tribunals are
varies between fo rced cohabitation and true partnership. Moreo ver, a marked increase of allti-
suit il/jullctiolls issued by both Arbitral Tribunals and National Courts has been seen recently.
This thesis, there/ore, 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 pU/poses and principles of international arbitration have been
critically scrutinized. Furtherll7ore, the legal effect of anti-suit illj unctioll in international
arbitratioll is addressed in detail. Finally, after a profound analysis
Oil
the above three areas of
controversies in illtemational commercial arbitration, the thesis atg ues that since anti-suit
injunct ion is a new trend in international arbitration, both National Courts and Arbitral
Tribunals should always exercise this power with due care because th eir effects may be more
harmjid than the problem they are seeking to resolve it.
Description
Keywords
Anti-suit It~LU1ctio n, Judicia l Intervention, Intel11ationa I Arbitration.