If one party requests an anti-suit injunction, based on which requirements should the addressed forum evaluate such request? What does a requesting party need to prove? Is there any counterproof that a respondent can submit to persuade the forum to not accept the request?
Given by either court or arbitral tribunal, there are some important threshold requirements for an anti-suit injunction to be granted. However, it is not clear to precisely determine what these conditions are. Precise determination of the conditions is impossible because in the international context, some countries do not even accept anti-suit injunctions, let alone address the conditions. Those countries mostly argue that anti-suit injunctions are addressed to their courts and therefore consider them a violation of their public policies. Another reason is that even in one single country, especially those with federalism, there is not any uniform approach toward anti-suit injunctions. This study will analyze different approaches below. By analyzing cases and scholarship it is still possible to determine the most common and sensible conditions for anti-suit injunction cases. Each condition is analyzed below in light of some prominent decisions.
It is possible to organize the most common conditions under five categories: i) There should not be “undue or unnecessary delay,” ii) The foreign proceedings must not be too far advanced, iii) The measure must be just and convenient, iv) The foreign litigation must be vexatious and oppressive, and v) There should not be a good reason not to grant injunction.