Anti-suit injunctions orzekane przez sądy common law
Journal Title: ADR. Arbitraż i Mediacja - Year 2017, Vol 4, Issue 40
Abstract
This article concerns anti-suit injunctions issued by state courts in common law legal systems in order to secure their jurisdiction and enforce agreements to arbitrate. It aims to describe anti-suit injunctions as seen by common law courts to bring them closer to civil law courts. Firstly, it discusses the standards that are generally applied by the courts (liberal, conservative) and considers how those standards operate in the context of litigation, despite the arbitration agreement. Secondly, it analyzes the concept of comity in the light of importance of the policy to enforce both jurisdiction and arbitration agreements, as well as arbitral awards. Finally, by referring to international practice, the article focuses on the nature of the anti-suit injunctions as the equitable remedy that goes beyond their interim or temporary character.
Authors and Affiliations
Maria Kierska
Keywords
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