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Jan 01, 2007

Anti-Suit Injunctions Issued by Arbitrators

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“Anti-Suit Injunctions Issued by Arbitrators” in ICCA Congress Series No 13, International Arbitration 2006: Back to Basics? Kluwer 2007.235.

It has become increasingly frequent in international arbitration for a recalcitrant party to attempt to disrupt the arbitral process by bringing the dispute covered by the arbitration agreement before national courts (ordinarily those of that party’s own State) and seeking an “anti-suit injunction” from those courts. The nuisance introduced into international arbitration by this type of measure has been widely commented upon and criticized. The fact that the mechanism of anti-suit injunctions—in this instance, anti-arbitration injunctions—originates from common law systems in no way means that the disruption of the arbitral process is specific to those systems. Courts in civil law countries such as Brazil or Venezuela have had recourse to this mechanism in the same way as courts in common law countries such as Pakistan, India or the United States...

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Authors and Contributors

Emmanuel Gaillard

Partner

International Arbitration

+33 1 53 89 70 00

+33 1 53 89 70 00

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