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.
Recenzijas
We whole -- heartedly recommend the second edition of Thomas Raphael's book on the anti -- suit injunction to all readers interested in international litigation, whether from a practical or an academic perspective. * Johan Meeusen, The Journal of International Maritime Law * It is now over a decade since the first edition of this pioneering work made its appearance. During that time it has established itself an authoritative source of guidance on the often difficult subject of anti-suit injunctions and has been relied upon by both lawyers and judges alike. * The Commonwealth Lawyer *
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xiii | |
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xlv | |
| Abbreviations and Glossary |
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liii | |
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1 | (36) |
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2 The History of an Unusual Remedy |
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37 | (16) |
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3 Power, Nature, and Form |
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53 | (24) |
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4 Anti-Suit Injunctions: General Principles |
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77 | (40) |
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5 Non-Contractual Anti-Suit Injunctions |
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117 | (28) |
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6 Injunctions in Relation to Proceedings in England and Wales |
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145 | (12) |
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7 Anti-Suit Injunctions and Exclusive Forum Clauses |
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157 | (12) |
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8 Strong Reasons and Discretion |
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169 | (38) |
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9 Non-Exclusive Jurisdiction Clauses |
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207 | (4) |
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10 Quasi-Contractual Anti-Suit Injunctions |
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211 | (28) |
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11 Injunctions to Restrain Arbitration Proceedings |
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239 | (20) |
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12 Anti-Suit Injunctions and European Jurisdictional Law |
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259 | (30) |
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13 Interim Anti-Suit Injunctions |
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289 | (24) |
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313 | (22) |
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335 | (22) |
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16 The Framework of Jurisdictional Law |
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357 | (10) |
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17 Jurisdiction under the Brussels-Lugano Regime |
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367 | (24) |
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18 Jurisdiction under the Common Law Rules |
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391 | (32) |
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423 | (20) |
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443 | (12) |
| Index |
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455 | |
Thomas Raphael QC is a barrister at Twenty Essex. 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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