Originally from Anti-suit Injunctions in International Arbitration

A.   For Parties

       It is in the best interests of both parties to conclude proceedings about the dispute in one single forum that is agreed upon by the parties or the most suitable to settle the dispute. However, parties may try to bring proceedings in forums other than a single agreed forum because they consider their national courts or forums seized to be more advantageous. Such breaching and tactical moves damage judicial efficiency in proceedings by creating parallel proceedings and conflicting judgments about the same dispute. Even if the party is aware of such dangers, he may still want to initiate proceedings in his home country by ignoring exclusive jurisdiction clauses. There are various reasons for such breaching acts: The defendant may find it more convenient to conduct proceedings in his own language and in accordance with a law he is more familiar with. The defendant may also not trust the selected forum anymore due to political reasons. As emphasized above, no parties find the national courts of other an opposing party attractive to hear the dispute.  Even if the parties select the court of either party mutually, the defendant may come to realize at some point that he does not want to submit the disputes to the previously agreed forum anymore. Additionally, one party may initiate proceedings in a neutral third country if he considers national courts or agreed forums will not act justly.