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- Anti-Suit Injunctions in Maritime Disputes: A Trend That Threatens To Be Out of Control?
Anti-Suit Injunctions in Maritime Disputes: A Trend That Threatens To Be Out of Control?
NUS Centre for Maritime Law Working Paper 21/03
This paper discusses three broad areas relating to the anti-suit injunction in maritime disputes: (a) the grant of the anti-suit injunction against non-parties; (b) the possibility of a damages claim for breach of a forum agreement; and (c) the enforcement of the anti-suit injunction. There has been a significant expansion in the scope of the anti-suit injunction, primarily spearheaded by the English courts. As we venture into these largely unchartered waters, it is critical that we do not lose our ‘north star’ – ensuring that the anti-suit injunction serves the ends of justice rather than becoming a litigation tactic and procedural weapon where satellite litigation and legal costs distract parties’ attention from the main event.