In the area of

conflict of laws Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad t ...

, an anti-suit injunction is an order issued by a

court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...

arbitral tribunal An arbitral tribunal or arbitration tribunal, also arbitration commission, arbitration committee or arbitration council is a panel of unbiased adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may co ...

that prevents an opposing party from commencing or continuing a proceeding in another jurisdiction or forum. If the opposing party contravenes such an order issued by a court, a

contempt of court Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...

order may be issued by the domestic court against that party. It is often used as a means to prevent

forum shopping Forum shopping is a colloquial term for the practice of litigants having their legal case heard in the court thought most likely to provide a favorable judgment. Some jurisdictions have, for example, become known as "plaintiff-friendly" and so h ...

. In recent years many jurisdictions have placed a high standard to obtain an injunction such as where the proceedings are "oppressive or vexatious". Furthermore, in proceedings up until the milestone decision i
Gazprom case
anti-suit injunction was considered inapplicable in litigation or arbitrationAllianz SpA (formerly Riunione Adriatica di Sicurta SpA) v West Tankers Inc (C-185/07)

009 009 may refer to: * OO9, gauge model railways * O09, FAA identifier for Round Valley Airport * 0O9, FAA identifier for Ward Field, see List of airports in California * British secret agent 009, see 00 Agent * BA 009, see British Airways Flight 9 * ...

1 AC 1138 among EU member states. The question was whether it applied to arbitration, being excluded from the

Brussels Convention Brussels (french: Bruxelles or ; nl, Brussel ), officially the Brussels-Capital Region (All text and all but one graphic show the English name as Brussels-Capital Region.) (french: link=no, Région de Bruxelles-Capitale; nl, link=no, Bruss ...

. This was resolved in Gazprom case and the specifics of the exclusion were covered in recital 12 o
Brussels recast
therefore current position is that anti-suit injunction can be issued by EU arbitration tribunals and upheld by Courts of Justice of EU member states.

References

Conflict of laws Civil procedure Venue (law) {{law-term-stub

See also

References