Thomas Raphael, THE ANTI-SUIT INJUNCTION Oxford: Oxford University Press (www.oup.com), 2008. lxxv + 483 pp. ISBN 9780199287321. £95.
| Pages | 544-545 |
| Author | Kirsty J Hood |
| DOI | 10.3366/E136498090900078X |
| Date | 01 September 2009 |
| Published date | 01 September 2009 |
An English anti-suit injunction essentially prohibits a person from pursuing court proceedings in another forum. Since at least as early as the case of
After introductory remarks (which include an informative historical overview), Raphael provides very useful analysis of the anti-suit injunction. A discussion of the general principles is followed by examination of different types of anti-suit injunctions, such as non-contractual, contractual, and quasi-contractual. Raphael argues that, within the category of non-contractual anti-suit injunctions, there may be “alternative forum” cases (where a claim might be brought in either England or in a foreign forum), or “single forum” cases (where the foreign forum is the only one in which proceedings might be brought). Particular care, it has been acknowledged by the courts, must be exercised in a “single forum” case, since here the order pronounced by the English court will effectively determine whether or not the claim may be brought in the foreign forum.
Contractual anti-suit injunctions are those sought where there is a relevant “exclusive forum clause”. Here the anti-suit injunction is perhaps seen at its most defensible – if it has been agreed that disputes must be litigated in England, or referred to an English arbitration, the actings of one party in raising court proceedings elsewhere can readily be viewed as a breach of contract. It is therefore...
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