ABSTRACT
An anti-suit injunction is an order addressed to a party (“the respondent”), who will usually also have the character of plaintiff in proceedings in a foreign court. It is well known that the modern form of the anti-suit injunction has been accepted into the laws of England, Australia, and Canada, and the leading authorities from these jurisdictions will be examined. Perhaps the most contentious aspect of injunctions is that of the limitations placed on the power of the court by the fact that the proceedings to which the injunction refers are taking place in the courts of a contracting state to the Brussels or Lugano Conventions. It is a remarkable fact that Overseas Union Insurance has not been much cited in judgments in anti-suit injunction cases. But the nature of injunctive relief is that the English court, qua prorogated court, claims a predominant right to enforce the jurisdiction agreement by injunction.
