ABSTRACT
This chapter examines the intrinsic aspects and practical challenges of granting an anti-suit injunction, with a particular emphasis on the rebirth of the issue in the post-Brexit legal landscape. It begins with a broad portrayal of the scenery and general principles behind such measures and underlines their contribution to the furthering of the party autonomy principle. An anti-suit injunction is an order granted by a court or an arbitral tribunal to stop ongoing court proceedings in, or to prevent a litigant from bringing claims to, a specific forum outside England. The historical underpinnings of anti-suit injunctions in England and Wales go back to the “common injunction” granted by the Court of Chancery to restrain parties from getting judgments in England contrary to equitable rights. Arguably, the rebirth of the issue will stimulate them to embark on this challenge by granting their own anti-anti-suit injunctions, resorting to comity instead of the expired mutual trust principle.
