- Anti-Suit Injunction Defined: For ease of reference, we define an anti-suit injunction as an order from one court directing a party not to seek relief in another court or not to comply with orders of another court.
- Non-U.S. Anti-Suit Injunction Should Be Considered: While courts are generally loath to issue injunctions preventing parties from litigating in other countries, when a party is litigating a matter in the U.S. and the matter might be of interest to a foreign nation, that party should consider whether the non-U.S. court might issue an anti-suit injunction.
- Securing an Anti-Suit Injunction May Be Advantageous: For example, a party may conclude that it would benefit from having a non-U.S. court enjoin its adversary’s participation in a U.S. suit.
- Evaluation Must Be Based on Governing Non-U.S. Law: The assessment of whether an anti-suit injunction may be issued by the non-U.S. country cannot be made without a thorough understanding of the applicable non-U.S. law. Principles of comity underlie many of the decisions being issued around the world. Ultimately, however, decisions abroad to issue an anti-suit injunction necessarily will turn on the procedural and substantive laws of the foreign nation.
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