The Anti-Suit Injunction (Oxford Private International Law) - Hardcover

Raphael, Thomas

9780199287321: The Anti-Suit Injunction (Oxford Private International Law)

Hardcover

ISBN 10: 0199287325 ISBN 13: 9780199287321

Publisher: Oxford University Press, 2008

This book provides a comprehensive but concise analysis of all the relevant principles and case-law surrounding anti-suit injunctions. Particular emphasis is given to addressing the many practical problems that are likely to confront a practitioner applying for or resisting an anti-suit injunction in urgent circumstances. There are also chapters on related topics that frequently occur in anti-suit cases, such as the scope of exclusive jurisdiction clauses. The main focus of the book is English law, but it also contains chapters summarising the relevant law in other common law jurisdictions such as the USA, Canada and Australia. Recent significant developments in the law relating to anti-suit injunctions created by the decision of the ECJ in Turner v Grovit have left many questions open on the effects of this case in Europe. This book is the first major treatment of anti-suit injunctions and examines in detail those effects, and evaluates the case law as it has developed.

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About the Author:

Thomas Raphael is a barrister practising in commercial law at 20 Essex Street chambers. He has frequently been involved in anti-suit injunction cases.

Review:

I mean no disrespect to the impressively full skeletons in the present case, nor to the expert oral presentation on both sides. However in some ways I found the simplest and clearest exposition of the problem with which we are faced in Thomas Raphaels book The Anti-Suit Injunction Although that discussion merited a footnote in the skeletons, it might usefully have been given more prominence. It has not of course dispensed with the need for a journey through the authorities, but it has provided signposts to the general direction of travel and independent guidance along the way. Carnwath LJ, in Deutsche v Highland The book which deserves to be widely read and its content well known is a serious piece of work of a particular kind[it] is well written and is comfortable to read Adrian Briggs, University of Oxford, Lloyds Maritime and Commercial Law Quarterly Mr Raphael's book provides a comprehensive but concise analysis of all the relevant principles and case law surrounding anti-suit injunctions. This book is the first major treatment of anti-suit injunctions and examines in detail those effects, and evaluates the case law as it has developed. Yasmine Lahlou and Marina Matousekova, International Business Law Journal Using a very clear style, which is both elegant and accurate, Raphael offers an impressive synthetic analysis of the anti-suit injunction, an area of law characterised by many uncertainties. The Anti-Suit Injunction is however not (just) a practitioner's textbook. It entails incursions into more theoretical debates [and] provides a rich analysis of, and represents a remarkable contribution to, the law of anti-suit injunctions. It is highly recommended Aude Fiorini, Scots Law Times Raphael provides very useful analysis of the anti-suit injunctionThe text is clearly arranged, and contains a level of detail to which a short review such as this cannot do justice ... Raphael's desire to fuse theory and practice should ... be acknowledged as admirable Kirsty J. Hood, Edinburgh Law Review

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