Publication: Raphael on The Anti-Suit Injunction
The latest in a long line of private international law monographs from OUP is The Anti-Suit Injunction by Thomas Raphael. The description from the OUP site:
- The first major treatment of anti-suit injunctions, a complex area of private international law
- Concise chapters and a clearly laid out structure with a selection of useful precedents and templates, designed to assist practitioners when preparing applications under pressure
- Comprehensive analysis of relevant cases, including Turner v Grovit and The Front Comor
- Separate chapters dealing with history and fundamental topics of controversy allow a detailed exploration of difficult questions in complicated cases
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.