Anti-suit injunctions in international arbitration

This study aimes to discuss one of the most commonly used types of provisional measures in international arbitrations, namely anti-suit injunctions. Anti-suit injunction has its roots in English law and has been effectively used in many Common Law systems. However the use and importance of anti-suit injunctions cannot be limited to Common Law system only. Due to globalised use of international arbitration, it is more common to see different systems interact with each other than before. This is why a Continental European country may also easily encounter with anti-suit injunctions even if this country does not have any laws regulating such foreign measures. Since while issuing provisional measure; arbitral tribunal does not consider nationalities or national laws of the parties; provisional measure issued against party may be very new and unexpected in home country. Anti-suit injunction is basically a provisional measure issued against party that enjoins the defendant from continuing or filing a suit in another forum by disregarding a valid arbitration agreement made between parties. Although this book mainly analyzes all aspects of anti-suit injunctions; since anti-suit injunctions are sub-category of provisional measure this book will discuss related features and problems of provisional measures as well.