Jan 01, 2004
“Il est interdit d’interdire: réflexions sur l’utilisation des anti-suit injunctions dans l’arbitrage commercial international”, Rev. arb., 2004.47.
The disturbing development of anti-suit injunctions designed to jeopardize arbitration proceedings, not only in common law countries, in which this technique was already known, but also in certain civil law countries, often gives rise to opposite reactions on the part of other jurisdictions, in the form of anti-anti-suit injunctions. The jurisdictions of each State thereby claim to impose upon all others their understanding of the invalidity or of the validity of the arbitration agreement. It is urgent to state, in the strongest terms, that all of these measures are equally inappropriate, in light of the requirements of both public international law and arbitration law. In this respect, the sound maxim according to which “it is forbidden to forbid” takes its fullest meaning.