Anti-suit Injunctions to Restrain Foreign Proceedings in Breach of an Arbitration Agreement

Abstract

The anti-suit injunction is the remedial device available in common law systems to restrain a party from instituting or continuing with proceedings in a foreign court. The remedy is a discretionary one, exercisable when the ends of justice require it. Though an anti-suit injunction is directed against a plaintiff in personam, not against the foreign court, it can be regarded as an indirect interference with the processes of the foreign court. That being so, the interests of comity have traditionally required that the power to grant the anti-suit injunction should be exercised with caution.