The right of a
non-party to seek anti-suit injunction (ASIs) is a vexed question in
international arbitration discourse. Recently, this issue arose before the
Singapore Court of Appeal (SGCA) with an interesting twist. That is, can an
ASIs be extended to a non-party to shield a contracting party from
consequential liability of a foreign judicial proceeding brought in breach of
an arbitration agreement? In an interesting take that could potentially shape
the debate surrounding this topic, the SGCA has crystallized the position with
respect to the issuance of ASIs, including its availability for non-parties to
an arbitration agreement. This decision builds upon the existing international
jurisprudence concerning the basis for the grant of such injunctive relief to
both parties and non-parties, and provides clarity with respect to the extent
of legitimate judicial intervention.