Originally from: Anti-Suit Injunctions in International Arbitration

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Arbitration-related anti-suit injunctions essentially come in two varieties: they are either directed at foreign court proceedings which have been commenced—or are likely to be commenced—in breach of an arbitration agreement, or directed at defective arbitral proceedings which are ongoing.1 Since neither is specifically dealt with in the UNCITRAL Model Law on International Commercial Arbitration, one may be tempted to conclude that the Model Law’s take on such injunctions is a non-issue. But this is only true to a certain extent. Clearly, UNCITRAL did not propose transnational rules designed to govern the availability of arbitration-related antisuit injunctions in a specific and uniform manner. What is less clear is the impact that the Model Law’s silence with respect to such injunctions may have on domestic rules that normally allow courts to issue them: does the adoption of the Model Law in a given State affect the availability—in  international commercial matters—of arbitration-related anti-suit injunctions that generallyapplicable domestic rules allow courts of that State to issue?