anti-suit injunction issued from national courts in international commercial arbitration

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

SARBAZIYAN MAJID; HASHEMI SEYED REZA; salehi mazkoor

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: PRIVATE LAW Year:2019 | Volume:7 | Issue:26 Page(s): 185-212

Download Full-Text

Persian Verion

View:

409

Download:

Cites:

Information Journal Paper

Title

anti-suit injunction issued from national courts in international commercial arbitration

Author(s)

SARBAZIYAN MAJID | HASHEMI SEYED REZA | salehi mazkoor | Issue Writer Certificate

Keywords

Competence-CompetenceQ1

Mutual TrustQ1

Arbitration AgreementQ1

Intervention of Court in ArbitrationQ1

anti-suit injunctionQ1

Abstract

The national courts’ intervention in the arbitration process is inevitable if the trial is expected to be significantly efficient. The national courts should solely intervene in arbitration process if they are legally permitted to do so. The importance of anti-suit injunction is observed in international commercial arbitration, since it serves a dual function, that is, it is sometimes issued to support arbitration and sometimes to prevent arbitration. Therefore, it is necessary to address this question: “ What are the positions of national legal systems and international rules/regulation regarding the anti-suit injunction? ” National courts in the common law system tend to issue such injunctions based on Arbitration Agreements. By contrast, such injunctions are treated by the codified statutes as unjustified intervention in the judicial system. In international set of rules, such as UNCITRAL Model Law on International Commercial Arbitration, New York Convention and Brussel I Regulations on EU Law all have not granted permission to national courts to issue anti-suit injunctions. As far as Iranian law is concerned, there is no statutory provision on the permissibility of issuing the aforementioned injunction in the civil procedure and in international commercial arbitration.

Cites

No record.

References

No record.

Cite

APA: Copy

SARBAZIYAN, MAJID, HASHEMI, SEYED REZA, & salehi, mazkoor. (2019). anti-suit injunction issued from national courts in international commercial arbitration. PRIVATE LAW, 7(26 ), 185-212. SID. https://sid.ir/paper/252662/en

Vancouver: Copy

SARBAZIYAN MAJID, HASHEMI SEYED REZA, salehi mazkoor. anti-suit injunction issued from national courts in international commercial arbitration. PRIVATE LAW[Internet]. 2019;7(26 ):185-212. Available from: https://sid.ir/paper/252662/en

IEEE: Copy

MAJID SARBAZIYAN, SEYED REZA HASHEMI, and mazkoor salehi, “anti-suit injunction issued from national courts in international commercial arbitration,” PRIVATE LAW, vol. 7, no. 26 , pp. 185–212, 2019, [Online]. Available: https://sid.ir/paper/252662/en

Related Journal Papers