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Technology

Seeking an Anti-Arbitration Injunction to Halt Foreign Proceedings

Quick fact

Anti-arbitration injunctions are rarely granted and are considered an extraordinary remedy because they directly conflict with the pro-arbitration policies of most jurisdictions and the principle of kompetenz-kompetenz, under which arbitrators themselves decide on their jurisdiction.

Why this is interesting

Imagine you've agreed to arbitrate a dispute in London, but the other side suddenly files a claim in a New York court to stop the arbitration. Can a judge actually halt an international arbitration?