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Anti-Suit/Arbitration Injunctions

E-Chapter from ICC Dispute Resolution Bulletin Procedural Decisions in ICC Arbitration
2014 Edition
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e-Book (see e-book FAQs)
ISBN 978-92-842-0335-2
12.00€
About this title

Published in May 2015

ICC Case 14581

Date of procedural order: June 2007

Origins of parties: Europe

Place of arbitration: Geneva, Switzerland

ICC Rules of Arbitration: 1998

Summary of issues:

  • anti-arbitration injunction as interim measure
  • prerequisites for an anti-arbitration injunction
  • inconclusive force of prima facie examination of arbitration agreement
  • no evidence of abuse, irreparable harm

 

ICC Case 18563

Date of procedural order: December 2012

Origins of parties: America, Asia

Place of arbitration: Lausanne, Switzerland

ICC Rules of Arbitration: 2012

Summary of issues:

  • anti-suit injunction as interim measure
  • anti-suit injunction not subject to same criteria as interim measures on the merits
  • breach of arbitration agreement
  • risk of aggravation of the dispute

provisional nature of decision

About the ICC Dispute Resolution Bulletin

The full Bulletin contains extracts from awards and procedural orders rendered in ICC cases, commentaries on these case decisions, statistics, reports, and articles on ICC practices and procedures.

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