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The Anti-Suit Injunction, 2nd Edition

The Anti-Suit Injunction, 2nd Edition

Author: Thomas Raphael
Publisher: Oxford University Press
ISBN: 9780198778936
Published In: September 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Questions relating to anti-suit injunctions arise frequently in commercial practice, as commercial litigation is often disputed in several jurisdictions simultaneously. In these, circumstances, a party preferring to conduct its litigation in England would need to determine whether it might be possible and effective to obtain an anti-suit injunction to restrain the other party from conducting its proceeding in another jurisdiction.

This pack includes an updating supplement which complements the Main Work, The Anti-Suit Injunction, and brings it up to date in what is a fast-moving field. In particular it takes account of the volume of case law on the anti-suit injunction since the book was published, including most significantly the decision of the European Court of Justice in The Front Comor, the recent important House of Lords decision in Masri v Khoury, and other cases such as Wadi Sudr, CMA CGM v Hyundai, and Deutsche v Highland.
- The Updating Supplement was published in November 2010
- The Main work was published in October 2008
- The only major treatment of anti-suit injunctions, a complex area of private international law.
- This new pack includes the Main Work and an updating supplement incorporating all major substantive developments since publication of the Main Work in October 2008 maintaining its currency
- Concise chapters and clearly laid out structure with a selection of useful precedents and templates, designed to assist practitioners when preparing aplications under pressure
Contents:

1: Introduction

2: The History of an Unusual Remedy

3: Power, Nature, and Form

4: Injunctions to Restrain Proceedings Abroad: General Principles

5: Non-Contractual Anti-Suit Injunctions

6: Injunctions in Relation to Proceedings in England and Wales

7: Anti-Suit Injunctions and Exclusive Forum Clauses

8: Strong Reasons and Discretion

9: Non-Exclusive Jurisdiction Clauses

10: Quasi-Contractual Anti-Suit Injunctions

11: Injunctions to restrain Arbitration Proceedings

12: Anti-Suit Injunctions and European Jurisdictional Law

13: Interim Anti-Suit Injunctions

14: Claims for Damages

15: Alternative Remedies

16: The Framework of Jurisdictional Law

17: Jurisdiction under the Brussels-Lugano Regime

18: Jurisdiction under the Common Law Rules.