The Anti-Suit Injunction (2nd edition)

ISBN : 9780198778936

Thomas Raphael
512 Pages
171 x 246 mm
Pub date
Jun 2019
Oxford Private International Law Series
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  • The only dedicated anti-suit injunction textbook that expertly covers a complex area of private international law
  • A unique work that thoroughly explores all the case law on anti-suit injunctions
  • Comprehensive analysis of relevant cases, including Turner v Grovit, plus analysis of relevant foreign case law, allowing a comparative approach to issues of principle, and enabling predictions to be made as to how foreign courts might respond to anti-suit injunctions
  • 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

New to this Edition:

  • Now includes an analysis of commonwealth case law
  • Updated to include significant changes in the law, including the impact of judgments such as the ECJ's decision on The Front Comor, and important case law such as Deutsche v Highland and Star Reefers v JSC

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. 
The second edition of The Anti-Suit Injunction provides a comprehensive update on all relevant changes in the law since the publication of the first edition. The book presents a thorough analysis of the anti-suit injunction in practice and principle, digesting all the case law and explaining the theoretical issues arising from it. Its scope is now extended to include an analysis of Commonwealth case law, which casts a new light on English law. 
This dedicated and in-depth analysis continues to be the only work to examine in detail the treatment of anti-suit injunctions, examine in detail those effects, and evaluate the case law as it has developed.


1: Introduction
2: The History of an Unusual Remedy
3: Power, Nature, and Form
4: Injunctions to Restrain Proceedings Abroad: General Principles
5: Non-Contractual and Anti-Suit Injunctions
6: Injunctions in Relation to Proceedings in England and Wales
7: Anti-Suit Injunctions and Exclusive Forum Clauses
8: Strong Reasons and Discretion
9: Non-Exclusive Jurisdiction Clauses
10: Quasi-Contractual Anti-Suit Injunction
11: Injunctions to Restrain Arbitration Proceedings
12: Anti-Suit Injunctions and European Jurisdictional Law
13: Interim Anti-Suit Injunctions
14: Claims for Damages
15: Alternative Remedies
16: The Framework of Jurisdictional law
17: Jurisdiction under the Brussels-Lugano Regime
18: Jurisdiction under the Common Law Rules
19: Singapore Law
20: New Zealand Law

About the author: 

Thomas Raphael QC is a barrister at 20 Essex Street. He has a busy practice in the fields of general commercial law and private international law, with a particular focus on banking, financial services, shipping, commodities, offshore energy, insurance and reinsurance, and a growing practice in cross-over cases involving intellectual property, competition law, and commercial law

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