Anti suit injuction y anti arbitration injuction en el arbitraje comercial internacional - Iurgium [previously Spain Arbitration Review] View Anti suit injuction y anti arbitration injuction en el arbitraje comercial internacional by - Iurgium [previously Spain Arbitration Review] Anti suit injuction y anti arbitration injuction en el arbitraje comercial internacional 2013 17

The differences between the continental and common law systems have not prevented contractual relationships from flowing without excessive problems between companies and individuals accustomed to operating under one or another system.

This was achieved mainly through force of necessity and coinciding interests among the operators subject to one or another legislative system, which has led to the creation of a common scope which, either through a general rule based on a major permeability of common law vis-à-vis continental law, has made the contractual framework uniform.

However, the procedural area in which the differences must be resolved between those same parties that have not had problems when drafting agreements is more difficult to make uniform when they are subject to the will and rule of the member states and, as a result, are less dynamic.

It is in this framework where the differences between one and another system and legal tradition become more patent and in which, arbitration —breakwater of international relations— reflects them. Anti-suit injunctions are a clear manifestation of this clash.

Anti-suit injunctions are distinct procedural measures by virtue of which an authority orders an individual subject to its jurisdiction to refrain from initiation or continuing with certain proceedings. These measures have a distinct personal nature but their being put into practice directly and effectively affects other jurisdictions, whether on a state or arbitral level.

The clearest practical scenarios regarding the virtual nature of these types of measures in the scope of continental law have been issued by the Court of Justice of the European Union, which at least in principle, have settled the matter.

In this article we shall analyse anti-suit injunctions, the perspective of one and another system, the effects in arbitration and the judgments by virtue of which the Court of Justice of the European Union seems to settle the controversy over the interference of these types of measures in the scope of acknowledging and enforcing legal judgments within the European Union.

Iurgium [previously Spain Arbitration Review]