Publication Type

Journal Article

Publication Date

9-2015

Abstract

Cases warranting the grant of an anti-suit injunction can be divided into three main categories: breach of agreement, vexatious, oppressive, or unconscionable conduct, and abuse of process. A series of Singapore cases have demonstrated that the boundaries between the first two categories are ambiguous in Singapore law. This ambiguity reflects a lack of clarity about the principles underlying anti-suit injunctions and creates uncertainty as to the applicable analysis for each category. This article argues that the two categories should be distinct in kind, with both categories remaining part of the court’s equitable jurisdiction. Such an approach will provide a good foundation in principle for the applicable rules of law and provide a principled foundation for the “strong reasons” standard.

Keywords

conflict of laws, private international law, anti-suit injunctions

Discipline

Asian Studies | Conflict of Laws

Research Areas

Commercial Law

Publication

Singapore Academy of Law Journal

Volume

27

First Page

340

Last Page

368

ISSN

0218-2009

Publisher

Singapore Academy of Law

Additional URL

http://journalsonline.academypublishing.org.sg/Journals/Singapore-Academy-of-Law-Journal/e-Archive/ctl/eFirstPublicAbstractView/mid/495/ArticleId/424?Citation=(2015)+27+SAcLJ+340

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