209 / 522
On the other hand, the disregard of an anti-suit injunction may
cause issues concerning the enforcement of the court decision given at
the end of the foreign court proceedings that have been initiated or con-
tinued contrary to the anti-suit injunction. For instance, in the event
that the proceedings are continued in spite of the anti-suit injunction
granted by an English court, the enforcement of the foreign court deci-
sion in England would be rejected. However, if the addressee has assets
in the state where the court decision has been given, then no enforce-
ment would be required.
In light of the explanations above, even if it is problematic, it is
hard to say that there would be no legal consequences of the disregard
of an anti-suit injunction.
Conclusion
Anti-suit injunctions are controversial, since they can be consid-
ered as interference to the judicial process of a foreign state. On the
other hand, it is worth mentioning that the courts applying this remedy
make the justification that the order is addressed to the person filing the
lawsuit, and not to the foreign court
10
. However, it should be empha-
sized that this reasoning has been widely criticized. As the disregard of
the anti-suit injunction granted by common law courts, such as English
courts, would trigger enforcement problems, the parties should be cau-
tious regarding agreements stipulating that the English courts would
have jurisdiction in the resolution of disputes.
ARBITRATION LAW
193
10
Dowers
, p. 961.