Summary: In a Dispute Resolution Journal article, Dorsey attorneys Chris Karagheuzoff and Eric Epstein examine the approaches courts have used (both liberal and conservative) in addressing the matter of anti-foreign suit injunctions.
In the United States, because arbitration agreements generally are enforceable, a party who commences litigation of a dispute subject to an arbitration agreement typically can be compelled by a court not only to arbitrate, but also to cease litigating. So the question is posed: under what circumstances may U.S. courts issue an anti-foreign suit injunction in aid of arbitration? Karagheuzoff and Epstein provide a summary of the varying approaches and consider their implications from a legal, policy, and contract drafting perspective.
"Navigating Muddy Waters: Anti-Foreign Suit Injunctions in Aid of Compelling Arbitration" was published by the Dispute Resolution Journal, vol. 63, no. 2 (May-July 2008), a publication of the American Arbitration Association. Republished with permission
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