Foreign judgments and contracts: The anti-enforcement injunction
Publication Type
Book Chapter
Publication Date
6-2021
Abstract
This essay examines, within the common law world, the practice of courts in England and Wales and in Singapore of granting injunctions to restrain the enforcement of foreign judgments, with particular reference to cases in which the injunction is sought to protect a contractual right. It considers the approach in recent case law, contrasting the ‘anti-enforcement injunction’ with the more frequently granted ‘anti-suit injunction’. It further seeks to differentiate cases where the proceedings leading to the foreign judgment had been brought in breach of a choice of court or arbitration agreement from cases where the reliance on the foreign judgment is the breach of contract.
Keywords
Private international law, conflict of laws, anti-suit injunction, anti-enforcement injunction, foreign judgment, breach of contract
Discipline
Asian Studies | Common Law | Contracts
Research Areas
Private Law
Publication
A conflict of laws companion: Essays in hoour of Adrian Briggs
Editor
Andrew Dickinson & Edward Peel
First Page
251
Last Page
271
ISBN
9780198868958
Publisher
Oxford University Press
City or Country
Oxford
Citation
1