Legal Framework for Arbitral Anti-suit Injunctions - Chapter 8 - Anti-suit Injunctions in International Arbitration
Before analyzing the legal basis of arbitral anti-suit injunctions, it is important to emphasize that the word “anti-suit injunction” will include all types discussed above, unless stated otherwise. Since this section will be analyzing anti-suit injunctions in international arbitration, the main focus will be given to arbitral anti-suit injunctions. Whether arbitrators have the power to enjoin parties from proceedings and how such power is used will be the main discussion of this part.
While discussing some topics above, this book already mentioned some international arbitration conventions and rules briefly. The legal basis of arbitral anti-suit injunctions deserves a separate analysis because, the question of where arbitrators get their jurisdiction to issue anti-suit injunctions is indeed very essential. In order to find the rules granting such authority to the arbitrators, this book looks at the rules of both ad hoc and institutional arbitration. It is noteworthy that a court’s jurisdiction to issue anti-suit injunctions comes directly from its lex fori or procedural law. Although it warrants a separate study to examine how national courts discuss and regulate anti-suit injunctions, this book does not particularly elaborate on this issue since such analysis goes beyond the scope of this study. Nevertheless, in the Second Chapter below, the perspective of Turkish Law on anti-suit injunctions will be analyzed as a major example of Civil Law. To assess arbitrators’ power to issue anti-suit injunctions, one needs to look at the authority to issue provisional measures in the first place because anti-suit injunctions are a sub-category of provisional measures as mentioned above.