Volume 26, Issue 2 (2022)
CLR 2022, 26(2): 75-98 |
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Kabry M M, Ansari A, Khodabakhshi A, Maboudi Neishabouri R. The Enforcement of Anti-Suit Injunctions: A Comparative Study in the EU, French, and Iranian Law. CLR 2022; 26 (2) :75-98
URL: http://clr.modares.ac.ir/article-20-64027-en.html
URL: http://clr.modares.ac.ir/article-20-64027-en.html
1- Ph.D. Student in Private Law, Faculty of Law & Political Science of Ferdowsi University, Mashhad, Iran
2- Assistant Professor, Department of Private Law, Faculty of Law & Political Science, Ferdowsi University of Mashhad, Mashhad, Iran , aansari@um.ac.ir
3- Assistant Professor, Department of Private Law, Faculty of Law & Political Science, Ferdowsi University of Mashhad, Mashhad, Iran
2- Assistant Professor, Department of Private Law, Faculty of Law & Political Science, Ferdowsi University of Mashhad, Mashhad, Iran , aansari@um.ac.ir
3- Assistant Professor, Department of Private Law, Faculty of Law & Political Science, Ferdowsi University of Mashhad, Mashhad, Iran
Abstract: (1118 Views)
One way of dealing with parallel litigation for the courts of common law countries is to issue an anti-suit injunction preventing one of the disputing parties from initiating or continuing proceedings in the courts of another country. Civil law countries believe that this remedy interferes with the proceedings in their courts and violates their national sovereignty. This study aims to examine the attitude of the EU, French, and Iranian law towards the enforcement of anti-suit injunctions. The study contends that in the EU, an anti-suit injunction rendered by a third country is enforceable in an EU member state as long as it accepts the enforcement of such an injunction under its national law and its jurisdiction is not based on EU regulations. In French law, anti-suit injunctions are traditionally unenforceable. However, when parties agree to grant jurisdiction to a foreign court, the French courts enforce such injunctions and dismiss the proceedings in favor of the foreign-selected court. On the other hand, when the French courts assert exclusive jurisdiction to decide the dispute, they may react to an anti-suit injunction by issuing an anti-anti-suit injunction. In Iranian law, an anti-suit injunction cannot be enforced under Article 169 of the Enforcement of Civil Judgments Code. As a result, there is no mechanism for the enforcement of anti-suit injunctions in Iran. However, due to the advantages of enforcing anti-suit injunctions, the study contends that the lack of a mechanism should not be an obstacle to the enforcement of anti-suit injunctions in Iran.
Keywords: parallel litigation, exclusive jurisdiction clause, exclusive jurisdiction, anti-anti-suit injunction, civil law countries.
Article Type: Original Research |
Subject:
Comparative Law
Received: 2022/09/5 | Accepted: 2022/11/5 | Published: 2022/12/1
Received: 2022/09/5 | Accepted: 2022/11/5 | Published: 2022/12/1
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