The anti-suit injunction
著者
書誌事項
The anti-suit injunction
（Oxford private international law series）
Oxford University Press, 2008
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
Questions relating to anti-suit injunctions arise frequently in commercial practice, as commercial litigation is often disputed in several jurisdictions simultaneously. In these circumstances, a party preferring to conduct its litigation in England would need to determine whether it might be possible and effective to obtain an anti-suit injunction to restrain the other party from conducting its proceedings in another jurisdiction. This book provides a comprehensive but concise analysis of all the relevant principles and case-law surrounding anti-suit injunctions. Particular emphasis is given to addressing the many practical problems that are likely to confront a practitioner applying for or resisting an anti-suit injunction in urgent circumstances. There are also chapters on related topics such as claims for damages in respect of foreign litigation and other practical remedies that can be used when an anti-suit injunction is not available. The effect of European Jurisdictional Law on the power to grant anti-suit injunctions is considered in detail.This book is the first major treatment of anti-suit injunctions and examines in detail those effects, and evaluates the case law as it has developed.
目次
- PART I INTRODUCTION AND BACKGROUND
- 1. Introduction
- 2. History and Development
- PART II SUBSTANTIVE LAW
- 3. Nature and Power
- 4. The Conditions for Relief: Preliminary
- 5. Anti-Suit Injunctions to Restrain a Breach of Contract
- 6. Jurisdiction and Arbitration Clauses
- 7. Anti-Suit Injunctions where there is no Jurisdiction Clause
- 8. Anti-Suit Injunctions in Aid of Foreign Courts
- 9. Dealing with the Reactions of Foreign Courts: Anti-Suit Injunctions
- 10. The Exercise of Power as regards the Brussels/Lugano Zone
- 11. Practical Substitutes for Anti-Suit Injunctions
- PART III JURISDICTION
- 12. Jurisdiction: Preliminary
- 13. Jurisdiction over Brussels/Lugano Defendants
- 14. Jurisdiction over Non-Brussels/Lugano Defendants
- 15. Recognising and Enforcing Foreign Anti-Suit Injunctions
- PART IV ENFORCEMENT
- 16. Enforcement of Anti-Suit Injunctions by the English Court
- 17. Recognition and Enforcement of English Anti-Suit Injunctions by Foreign Courts
- PART V PROCEDURE
- 18. Procedure
- PART VI COMPARISONS AND CRITICISMS
- 19. Foreign Law
- 20. Reform
- APPENDICES
- BIBLIOGRAPHY
- INDEX
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