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Anti-Suit Injunctions in International Arbitration - Hardcover
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Konstantinos D. Kerameus
By their nature and purpose, anti-suit injunctions are disruptive of the coexistence of, and cooperation between judicial and arbitral instances around the globe.1 As the mutual interaction between these instances intensifies, the problem of anti-suit injunctions is bound to become more frequent and complex. Indeed, the problem is already manifest, and not only with respect to international arbitration, whether it be institutional or ad hoc.
We shall first recall the underlying normative framework of the 1965 Washington Convention, as we are considering anti-suit injunctions issued by arbitrators in ICSID arbitration. These injunctions may be addressed either to states or other parties. They purport to prevent parties from initiating or pursuing other judicial or arbitral proceedings, in order to protect the integrity and effectiveness of ICSID arbitration. The typical situation is where a party in ICSID arbitration requests the ICSID tribunal to prevent the other party from seeking more or less identical relief in its national courts.2 In essence, the aim is to foster ICSID arbitration, preventing interference by national courts.
Full Table of Contents From:
"Anti-Suit Injunctions in International Arbitration"
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Introduction
Emmanuel Gaillard
Anti-Suit Injunctions in International Arbitration An Overview
Stephen M. Schwebel
Part I
Anti-Suit Injunctions Issued by National Courts
Anti-Suit Injunctions Issued by National Courts To Permit Arbitration Proceedings
Axel H. Baum
Anti-Suit Injunctions Issued by National Courts To Prevent Arbitration Proceedings
Julian D.M. Lew
Court Actions in Defence Against Anti-Suit Injunctions
Michael E. Schneider
Anti-Suit Injunctions Issued by National Courts At the Seat of the Arbitration or Elsewhere
Matthieu de Boisséson
Anti-Suit Injunctions Issued by National Courts Measures Addressed to the Parties or to the Arbitrators
José Carlos Fernández Rozas
The UNCITRAL Model Law's Take on Anti-Suit Injunctions
Frédéric Bachand
Part II
Anti-Suit Injunctions Issued by Arbitrators
Anti-Suit Injunctions Issued by Arbitrators
Laurent Lévy
Anti-Suit Injunctions in ICSID Arbitration
Konstantinos D. Kerameus
Conclusion
Anti-Suit Injunctions in International Arbitration A Public International Lawyer's Perspective
Christopher J. Greenwood
Anti-Suit Injunctions in International Arbitration What Remedies?
Philippe Fouchard
Annexes
Annex 1
U.S. Court of Appeals for the 5th Circuit, Karaha Bodas Company L.L.C. v. Perusahaan Pertambangan Minyak Dan Gas Bumi Negara, June 18, 2003
Annex 2
Supreme Court of Pakistan (Appellate Jurisdiction), Société Générale de Surveillance S.A. v. Pakistan, July 3, 2002
Annex 3
ICSID Case No. ARB/01/13, SGS Société Générale de Surveillance S.A. v. Islamic Republic of Pakistan, Procedural Order No. 2, October 16, 2002
Annex 4
ICC Case No. 10623, Award Regarding the Suspension of the Proceedings and Jurisdiction, December 7, 2001
Annex 5
ICC Case No. 8307, Interim Award, May 14, 2001
Annex 6
Court of Justice of the European Communities, Case C-159-02, Turner v. Grovit, April 27, 2004
Annex 7
Court of Appeal (England and Wales), Sabah Shipyard (Pakistan) Ltd. v. Islamic Republic of Pakistan, November 14, 2002
Annex 8
Resolution on The Principles for Determining When the Use of the Doctrine of Forum Non Conveniens and Anti-Suit Injunctions Is Appropriate, adopted by the Institut de Droit International at its 2003 Bruges session, September 2, 2003
Annex 9
About the Author:
Konstantinos D. Kerameus, Athens; is Professor of Civil Procedure at Athens University School of Law. Since 1985 he is the Vice-President of the Greek Arbitration Association; and since 1986 the Vice-President of the Greek Association of Civil Procedure.
