By Thomas Raphael

Description

• The first major treatment of anti-suit injunctions, a complex area of private international law
• Concise chapters and a clearly laid out structure with a selection of useful precedents and templates, designed to assist practitioners when preparing applications under pressure
• Comprehensive analysis of relevant cases, including Turner v Grovit , plus analysis of relevant foreign case law, allowing a comparative approach to issues of principle, and enabling predictions to be made as to how foreign courts might respond to anti-suit injunctions
• Separate chapters dealing with history and fundamental topics of controversy allow a detailed exploration of difficult questions in complicated cases

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 proceedings in another jurisdiction.

This book provides a comprehensive but concise analysis of all the relevant principles and case-law surrounding anti-suit injunctions. Particular emphasis is given to addressing the many practical problems that are likely to confront a practitioner applying for or resisting an anti-suit injunction in urgent circumstances. There are also chapters on related topics that frequently occur in anti-suit cases, such as the scope of exclusive jurisdiction clauses. The main focus of the book is English law, but it also contains chapters summarising the relevant law in other common law jurisdictions such as the USA, Canada and Australia. Recent significant developments in the law relating to anti-suit injunctions created by the decision of the ECJ in Turner v Grovit have left many questions open on the effects of this case in Europe. This book is the first major treatment of anti-suit injunctions and examines in detail those effects, and evaluates the case law as it has developed.

Readership: Commercial barristers; commercial solicitors, academics, reference libraries

Contents

Part I Introduction and Background
1. Introduction

2. History and Development

Part II Substantive Law
3. Nature and Power

4. The Conditions for Relief: Preliminary

5. Anti-Suit Injunctions to Restrain a Breach of Contract

6. Jurisdiction and Arbitration Clauses

7. Anti-Suit Injunctions where there is no Jurisdiction Clause

8. Anti-Suit Injunctions in Aid of Foreign Courts

9. Dealing with the Reactions of Foreign Courts: Anti-Suit Injunctions

10. The Exercise of Power as regards the Brussels/Lugano Zone

11. Practical Substitutes for Anti-Suit Injunctions

Part III Jurisdiction
12. Jurisdiction: Preliminary

13. Jurisdiction over Brussels/Lugano Defendants

14. Jurisdiction over Non-Brussels/Lugano Defendants

15. Recognising and Enforcing Foreign Anti-Suit Injunctions

Part IV Enforcement
16. Enforcement of Anti-Suit Injunctions by the English Court

17. Recognition and Enforcement of English Anti-Suit Injunctions by Foreign Courts

Part V Procedure
18. Procedure

Part VI Comparisons and Criticisms
19. Foreign Law

20. Reform

Appendices

Bibliography

Authors, editors, and contributors

Thomas Raphael Barrister, 20 Essex Street Chambers

Published Year: 2008 Format: Hard Back ISBN: 978-0-19-928732-1 Publisher: Oxford University Press No of Pages: 592 Our Price: £ 95.00 Reviews: 0 reivew(s).

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