anti suit injunction

An anti-suit injunction is a court order requiring a person to refrain from commencing litigation or cease litigation in the courts of another country. Courts of countries do not have power to regulate proceedings or the jurisdiction of courts in other countries. English courts do however have power to regulate the conduct of legal persons within its jurisdiction, in the exercise of its equitable in personam jurisdiction. 

A finding of forum conveniens of English Court of itself is inadequate to justify the making of an anti-suit injunction. The applicant must positively show that the foreign jurisdiction is also forum non conveniens. A further requirement is that, in the circumstances, commencement or continuation of foreign proceedings is oppressive or vexatious. Instances satisfying these criterion include those where the litigation has not been commenced in good faith; where the law of the foreign forum is significantly different to the law that would be applied in the natural forum for the dispute; where the foreign proceedings involve the exercise of the extraterritorial jurisdiction of the courts hearing the dispute; or where the foreign proceedings are instituted with a view to collate evidence that will be used subsequently in English proceedings.

When a judgment has been obtained in a foreign jurisdiction in breach of an anti-suit injunction made in England, the judgment will not be enforceable in England, and proceedings for contempt of court may be commenced against the legal person obtaining the foreign judgment in breach of the injunction.

Usage: An anti-suit injunction was made to restrain the foreign litigation, as the parties were bound by a jurisdiction agreement in respect to the subject-matter of the dispute.

Related Words: forum non conveniens; injunction; litigation; interlocutory injunction.