Anti-Suit Injunctions in International Arbitration A Public International Lawyer's Perspective - Anti-Suit Injunctions in International Arbitration

I want to make a few comments from the standpoint of a public international lawyer, in summing up the problems that antisuit injunctions cause in this area and also to canvass the possibility of some remedies. I am not sure that I can offer anything that truly amounts to a remedy.

The problem, it seems to me, is a very real one. There is something deeply unattractive about the whole idea of anti-suit injunctions, whether in connection with arbitration or in connection with proceedings in the courts of another State. It amounts in effect to the courts of one country preventing the courts of another from exercising their jurisdiction to determine whether they have jurisdiction. And that is something which should be done only in the most extreme of cases.

Where an anti-suit injunction is used in order to preclude arbitration, the problem is even more acute. As discussed earlier in this volume, it is possible to do in this context what cannot be done in relation to an anti-suit injunction against foreign court proceedings, namely to address the injunction directly to the tribunal that would have to determine the case.

Table of Contents:

Full Table of Contents From:
"Anti-Suit Injunctions in International Arbitration"

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Introduction
Emmanuel Gaillard

Anti-Suit Injunctions in International Arbitration An Overview
Stephen M. Schwebel

Part I

Anti-Suit Injunctions Issued by National Courts

Anti-Suit Injunctions Issued by National Courts To Permit Arbitration Proceedings
Axel H. Baum

Anti-Suit Injunctions Issued by National Courts To Prevent Arbitration Proceedings
Julian D.M. Lew

Court Actions in Defence Against Anti-Suit Injunctions
Michael E. Schneider

Anti-Suit Injunctions Issued by National Courts At the Seat of the Arbitration or Elsewhere
Matthieu de Boisséson

Anti-Suit Injunctions Issued by National Courts Measures Addressed to the Parties or to the Arbitrators
José Carlos Fernández Rozas

The UNCITRAL Model Law's Take on Anti-Suit Injunctions
Frédéric Bachand

Part II

Anti-Suit Injunctions Issued by Arbitrators

Anti-Suit Injunctions Issued by Arbitrators
Laurent Lévy

Anti-Suit Injunctions in ICSID Arbitration
Konstantinos D. Kerameus

Conclusion

Anti-Suit Injunctions in International Arbitration A Public International Lawyer's Perspective
Christopher J. Greenwood

Anti-Suit Injunctions in International Arbitration What Remedies?
Philippe Fouchard

Annexes

Annex 1
U.S. Court of Appeals for the 5th Circuit, Karaha Bodas Company L.L.C. v. Perusahaan Pertambangan Minyak Dan Gas Bumi Negara, June 18, 2003

Annex 2
Supreme Court of Pakistan (Appellate Jurisdiction), Société Générale de Surveillance S.A. v. Pakistan, July 3, 2002

Annex 3
ICSID Case No. ARB/01/13, SGS Société Générale de Surveillance S.A. v. Islamic Republic of Pakistan, Procedural Order No. 2, October 16, 2002

Annex 4
ICC Case No. 10623, Award Regarding the Suspension of the Proceedings and Jurisdiction, December 7, 2001

Annex 5
ICC Case No. 8307, Interim Award, May 14, 2001

Annex 6
Court of Justice of the European Communities, Case C-159-02, Turner v. Grovit, April 27, 2004

Annex 7
Court of Appeal (England and Wales), Sabah Shipyard (Pakistan) Ltd. v. Islamic Republic of Pakistan, November 14, 2002

Annex 8
Resolution on The Principles for Determining When the Use of the Doctrine of Forum Non Conveniens and Anti-Suit Injunctions Is Appropriate, adopted by the Institut de Droit International at its 2003 Bruges session, September 2, 2003

Annex 9