Pavan Kumar. R, Associate at Dr. Gubbi’s House of Justice, Bengaluru
Abstract
Anti-suit injunctions are indeed an effective instrument for implementing a jurisdictional judgement. However, because of the interference with the foreign forum's jurisdiction, the domestic forum's exercise of authority causes irritation on the part of the foreign forum. As a result, an anti-suit injunction is by far one of the most contentious remedies that a Court may award. The English Courts were aware of its consequences and complications from the start, and as the weight of criticism mounted, Courts of Common Law admittedly curtailed its availability by raising the criteria for its grant, but never sought to eliminate it. Anti-suit injunctions are necessary for private justice, and their grant is therefore justified under Common law, even if it comes at the price of public law concerns. Despite the necessity to exercise judicial discretion, courts would be compelled to do so with care and consideration to fulfil the goals of justice and fulfil the doctrines of equity and comity.
Keywords: Anti-Suit Injunction, Doctrine of Comity, Doctrine of Equality, Anti-anti-Suit Injunction, FRAND Cases.
