禁诉令的英文为“anti-suit injunction”,其英文释义如下: In the area of conflict of laws, an anti-suit injunction is an order issued by a court or arbitral tribunal that prevents an opposing party from commencing or continuing a proceeding in another jurisdiction or forum. If the opposing party...
One little-known procedural mechanism that has long been available to manage multi-jurisdictional litigation, and which is growing in popularity in SEP disputes, is the anti-suit injunction. An anti-suit injunction is an interlocutory remedy issued by a court in one jurisdiction which prohibits a ...
摘要: The proliferation of international jurisdictional conflicts and competing "anti-suit injunctions" in litigation over the licensing of standards-essential patent关键词:standards FRAND patent anti-suit injunction injunction DOI: 10.2139/ssrn.3899923 ...
standardsFRANDanti-suit injunctionpatentToday's markets for technology products — from smartphones to home appliances to automobiles — are inherently global. This is especially true of products that eSocial Science Electronic Publishing
After focusing on the conditions for obtaining an anti-suit injunction from an arbitral tribunal under Swiss law in Part 1, this second blog will discuss how
“The decision suggests that in the future, where the court is minded to grant an anti-suit injunction notwithstanding a delay, it may make the order “conditional”, ensuring that the applicant cannot use its delay to prejudice the respondent.” ...
In the experience of the court they are unprecedented, and the researches of counsel have not identified anything similar (we were referred to Société Nationale Industrielle Aerospatiale v Lee Kui JAK [1987] AC 871, an anti-suit injunction case, in which the undertakings were not remotely ...
On 16 September 2019, Enka issued proceedings in the English Commercial Court, seeking (i) an anti-suit injunction restraining Chubb from continuing the Russian Proceedings and requiring it to discontinue those proceedings; and (ii) a declaration that Chubb was bound by the arbitrati...
Back to the... Past! E-Discovery Case Law Wrap-Up 2024 23 January 2025 The Commercial Court finds in favour of policyholder on anti-suit injunction and jurisdiction challenge The Policyholder Perspective 23 January 2025 From bottlenecks to breakthroughs: Driving efficiency in arbitrat...
The Court of Appeal dismissed the appeal and upheld the injunction. In striking that balance, the Court of Appeal concluded that it had a broad jurisdiction to grant an anti-suit injunction under Section 37 of the SCA, even though it was accepted by all parties that there was no ...