The Vexatiousness of a Vexation Rule: International Comity and Antisuit Injunctions
George Washington Journal of International Law and Economics, Vol. 30, p. 1, 1997
37 Pages Posted: 17 Nov 2011
Date Written: January 1, 1997
As the world becomes increasingly interconnected, so must each of the world’s legal systems. One problem that vexes courts in the United States and abroad is what to do when a cause of action involving the same parties and issues is brought in two different court systems. Assessing the optimal approach in antisuit injunction cases, this article first explores the true meaning of the international comity doctrine and argues that the doctrine must play an important role in deciding antisuit injunction cases. This article then reviews the decisions adopting and interpreting the restrictive and liberal approaches. Finally, this article evaluates the two judicial tests in light of the comity doctrine and concludes that the restrictive approach better reflects the significant needs of both the United States and the international system.
Keywords: Comity, vexation, antisuit, international law, Laker, international legal system, antisuit injunction, vexation rule
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