CEU Electronic Theses and Dissertations, 2008
| Author | Ponomarev, Aleksei Evgenievich |
|---|---|
| Title | State Courts' Use of Anti-Suit Injunctions in International Arbitration |
| Summary | State courts should not intervene in arbitration process, unless clearly authorized. Anti-suit and anti-arbitration injunctions are instances of court interference. Discussion in the paper is focused on the court’s power to issue these injunctions, as well as on the advantages and disadvantages of use by courts of such injunctions and their legality. The paper aims to prove that courts should refrain from issuing an anti-suit injunction and should not grant a request for an anti-arbitration injunction. These injunctions by definition infringe jurisdiction of another court in an extraterritorial manner or that of an arbitral tribunal. In addition, no support for such measures can be found in the existing international legal framework. |
| Supervisor | Varady, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2008/ponomarev_aleksey.pdf |
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