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.

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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