25 May 2015
Anti-suit Injunctions from Arbitral Tribunals in International Commercial Arbitration: A Necessary Evil?

Abstract

Anti-suit injunctions are one of the most heavily criticized remedies that parties can have recourse to in situations of jurisdictional conflicts. Arbitral tribunals generally have power to order anti-suit injunctions, though there are different views on its nature and legal bases for granting. The appropriateness of this remedy is more questionable since it interferes with principles of international law and coordinative rules devised for handling parallel proceedings. Although anti-suit injunction is an offensive tool and should be avoided, nevertheless in the absence of viable alternatives it may be permitted under restrictive conditions. In order to ensure that anti-suit injunction is an adequate solution in a particular case, arbitral tribunals should consider a number of factors, including an apparent risk of conflicting decisions, abusive behaviour of the party, and the practical value of the injunction.

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