Proskauer Rose International Practice Guide

Proskauer on International Litigation and Arbitration:
Managing, Resolving, and Avoiding Cross-Border Business or Regulatory Disputes

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Ch. 11 Anti-Suit Injunctions: Enjoining U.S. Court Proceedings in Non-U.S. Courts

I	Introduction
II	General Considerations
III	Examples of How Requests for Anti-Suit Injunctions are Being Addressed Abroad
IV	Pre-Empting the Anti-Suit Injunction

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TABLE OF CONTENTS

INTERNATIONAL LITIGATION

Ch. 1

Securing U.S. Jurisdiction

Ch. 2

Selecting U.S. Venue

Ch. 3

Service Outside U.S.

Ch. 4

Cross-Border Investigations

Ch. 5

U.S. Court Abstention in Deference to Non-U.S. Proceedings

Ch. 6

The Role of Comity

Ch. 7

Choice of Law Issues: Selecting the Appropriate Law

Ch. 8

Choice of Law Issues: Proof of Non-U.S. Law in U.S. Courts

Ch. 9

Suing Non-U.S. Governmental Entities in U.S. Courts

Ch. 10

Anti-Suit Injunctions: Enjoining Non-U.S. Court Proceedings in U.S. Courts

Ch. 11

Anti-Suit Injunctions: Enjoining U.S. Court Proceedings in Non-U.S. Courts

I	Introduction

II	General Considerations

III	Examples of How Requests for Anti-Suit Injunctions are Being Addressed Abroad

IV	Pre-Empting the Anti-Suit Injunction

Ch. 12

Maintaining Status Quo: Provisional Remedies

Ch. 13

Discovery Abroad for U.S. Proceedings

Ch. 14

Discovery in United States in Aid of Proceedings Outside U.S. Including 28 U.S.C. §1782

Ch. 15

Privilege Issues

Ch. 16

Cross-Border Legal Ethics

Ch. 17

Trials

Ch. 18

Recognition & Enforcement of Judgments

INTERNATIONAL ARBITRATION

INTERNATIONAL ISSUES IN SELECT SUBSTANTIVE AREAS

ACKNOWLEDGEMENTS

DISCLAIMER

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Ch. 11 Anti-Suit Injunctions: Enjoining U.S. Court Proceedings in Non-U.S. Courts

Author: CLAUDE M. MILLMAN

I. Introduction

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This chapter is a corollary to Chapter 10 of this Guide concerning the extraordinary circumstances under which a U.S. court will enjoin the litigants properly before it from proceeding in a non-U.S. proceeding. This Chapter addresses the circumstances under which a non-U.S. court will issue an order or directive either stopping an ongoing U.S. litigation or enjoining the litigants from going forward in a proceeding in a U.S. court.

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