Antisuit injunctions restrain foreign court proceedings in case of a valid agreement for arbitration. In the common law world, it has been argued that they have contributed to London’s eminent position as a popular arbitral seat and that the opinion of Advocate General Kokott of September 4, 2008 and the European Court of Justice (E.C.J.) judgment of February 10, 2009, following the referral of West Tankers Inc. v. RAS Riunione Adriatica di Sicurta S.p.A. (The Front Comor) to the E.C.J. in December 2006, has already promulgated a change in this state of affairs.
The purpose of this article is to discuss comparatively antisuit injunctions in relation to arbitration in the United States, the United Kingdom, and in Europe, analyze the aforementioned opinion given by Advocate General Kokott and the E.C.J. judgment that followed, and the future of London’s arbitral popularity, and finally, set out the modern function and role of antisuit injunctions in light of the efforts to harmonize private international law.Journal of International Arbitration