Anti-Suit Injunctions in Judicial and Arbitral Procedures in the United States

34 Pages Posted: 12 Nov 2017

See all articles by S.I. Strong

S.I. Strong

The University of Sydney Law School

Date Written: November 9, 2017

Abstract

Parallel proceedings are on the rise around the world as parties seek to establish a strategic advantage over their opponents by filing competing claims in different fora. Although there are times when multiple actions are allowed or even necessary, one of the most common responses to undesirable litigation or arbitration, at least for parties with access to a court in a common law jurisdiction, involves a motion for an anti-suit injunction.

Conventional wisdom, particularly among lawyers and academics in civil law countries that do not provide for anti-suit injunctions, often suggests that U.S. judges are eager to enjoin foreign proceedings so as to protect the jurisdiction of U.S. courts. In fact, anti-suit injunctions are considered to be exceptional remedies that are be granted sparingly. To some extent, this misperception may be based on a few high-profile cases that have caught the attention of proceduralists around the world. However, the problem may also stem from a significant split among U.S. courts in how to respond to requests for anti-suit injunctions. While all state and federal courts consider anti-suit injunctions to be extraordinary in nature, some circuits have adopted a more relaxed standard toward granting this type of relief and thus may fueling international consternation.

This Article seeks to set the record about anti-suit injunctions straight by analyzing the various tests relating to anti-suit injunctions and identifying when such relief is most likely to be granted. In so doing, the discussion not only considers "standard" anti-suit injunctions in both domestic and international settings but also addresses some of the more unusual procedures, such as anti-arbitration injunctions, anti-enforcement injunctions, and anti-anti-suit injunctions. While much of the analysis focuses on situations involving competing judicial actions, the text also covers the growing number of cases involving both litigation and arbitration.

Keywords: Anti-Suit Injunction, Injunctive Relief, Civil Procedure, International Law, Litigation, International Commercial Arbitration, Investment Arbitration, Parallel Proceedings, Anti-Arbitration Injunction, Federal Courts, State Courts, Jurisdiction, Anti-Enforcement Injunction, Equitable Relief

Suggested Citation

Strong, S.I., Anti-Suit Injunctions in Judicial and Arbitral Procedures in the United States (November 9, 2017). 66 American Journal of Comparative Law __ (Forthcoming), University of Missouri School of Law Legal Studies Research Paper No. 2017-25, Available at SSRN: https://ssrn.com/abstract=3067857

S.I. Strong (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

HOME PAGE: http://https://sydney.edu.au/law/about/our-people/academic-staff/stacie-strong.html

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