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Anti-Suit Injunction Updating Supplement [Minkštas viršelis]

(Barrister, 20 Essex Street Chambers)
  • Formatas: Paperback / softback, 128 pages, aukštis x plotis x storis: 234x164x8 mm, weight: 206 g
  • Serija: Oxford Private International Law Series
  • Išleidimo metai: 25-Nov-2010
  • Leidėjas: Oxford University Press
  • ISBN-10: 0199588473
  • ISBN-13: 9780199588473
  • Formatas: Paperback / softback, 128 pages, aukštis x plotis x storis: 234x164x8 mm, weight: 206 g
  • Serija: Oxford Private International Law Series
  • Išleidimo metai: 25-Nov-2010
  • Leidėjas: Oxford University Press
  • ISBN-10: 0199588473
  • ISBN-13: 9780199588473
This updating supplement complements the main work, The Anti-Suit Injunction, and brings it up to date in what is a fast-moving field. In particular it takes account of the volume of case law on the anti-suit injunction since the book was published, including most significantly the decision of the European Court of Justice in The Front Comor, the recent important House of Lords decision in Masri v Consolidated Contractors (No 4), and other cases such as The Wadi Sudr, CMA CGM v Hyundai, and Deutsche v Highland Crusader.

The Anti-Suit Injunction is the first major treatise to focus on this complex area of private international law and this supplement includes all major substansive developments since the publication of the main work in October 2008.

`The book---which deserves to be widely read and its content well known---is a serious piece of work of a particular kind...[ it] is well written and is comfortable to read.' Adrian Briggs, University of Oxford, Lloyd's Maritime and Commercial Law Quarterly

`Mr Raphael's book provides a comprehensive but concise analysis of all the relevant principles and case law surrounding anti-suit injunctions....This book is the first major treatment of anti-suit injunctions and examines in detail those effects, and evaluates the case law as it has developed.' Yasmine Lahlou and Marina Matousekova, International Business Law Journal

`Using a very clear style, which is both elegant and accurate, Raphael offers an impressive synthetic analysis of the anti-suit injunction, an area of law characterised by many uncertainties....The Anti-Suit Injunction is however not (just) a practitioner's textbook. It entails incursions into more theoretical debates [ and] provides a rich analysis of, and represents a remarkable contribution to, the law of anti-suit injunctions. It is highly recommended.' Aude Fiorini, Scots Law Times

`Raphael provides very useful analysis of the anti-suit injunction....The text is clearly arranged, and contains a level of detail to which a short review such as this cannot do justice....Raphael's desire to fuse theory and practice should...be acknowledged as admirable.' Kirsty J. Hood, Edinburgh Law Review

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 proceeding in another jurisdiction.

This updating supplement complements the Main Work, The Anti-Suit Injunction , and brings it up to date in what is a fast-moving field. In particular it takes account of the volume of case law on the anti-suit injunction since the book was published, including most significantly the decision of the European Court of Justice in The Front Comor, the recent important House of Lords decision in Masri v Khoury, and other cases such as Wadi Sudr, CMA CGM v Hyundai, and Deutsche v Highland.
Tables of Cases
ix
Tables of European Cases
xiv
Table of UK Statutory Instruments
xv
Table of the Brussels-Lugano Regime
xvi
Table of International Treaties and Conventions
xvi
Table of UK Statutes
xvii
Chapter 1 Introduction
1(6)
Chapter 2 The History of an Unusual Remedy
7(2)
Chapter 3 Power, Nature, and Form
9(6)
Chapter 4 Injunctions to Restrain Proceedings Abroad: General Principles
15(6)
Chapter 5 Non-Contractual Anti-Suit Injunctions
21(4)
Chapter 6 Injunctions in Relation to Proceedings in England and Wales
25(2)
Chapter 7 Anti-Suit Injunctions and Exclusive Forum Clauses
27(10)
Chapter 8 Strong Reasons and Discretion
37(4)
Chapter 9 Non-Exclusive Jurisdiction Clauses
41(2)
Chapter 10 Quasi-Contractual Anti-Suit Injunctions
43(2)
Chapter 11 Injunctions to Restrain Arbitration Proceedings
45(4)
Chapter 12 Anti-Suit Injunctions and European Jurisdictional Law
49(10)
Chapter 13 Interim Anti-Suit Injunctions
59(6)
Chapter 14 Claims for Damages
65(6)
Chapter 15 Alternative Remedies
71(10)
Chapter 16 The Framework of Jurisdictional Law
81(2)
Chapter 17 Jurisdiction under the Brussels-Lugano Regime
83(6)
Chapter 18 Jurisdiction under the Common Law Rules
89(12)
Appendix: Precedents 101(2)
Index 103
Thomas Raphael is a barrister practising in commercial law at 20 Essex Street Chambers. He has frequently been involved with anti-suit injunction cases and acts in commercial arbitrations