Publication Type
Journal Article
Version
acceptedVersion
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
Publication
Singapore Academy of Law Journal
Volume
27
First Page
340
Last Page
368
ISSN
0218-2009
Publisher
Singapore Academy of Law
Citation
CHNG, Wei Yao, Kenny.
Breach of Agreement Versus Vexatious, Oppressive and Unconscionable Conduct: Clarifying their Relationship in the Law of Anti-Suit Injunctions. (2015). Singapore Academy of Law Journal. 27, 340-368.
Available at: https://ink.library.smu.edu.sg/sol_research/1763
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
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