Anti-Suit Injunctions
Article from: TDM 1 (2006), in Litigating Across Borders: Hot Topics and Recent Developments in Transnational Litigation
Introduction
It is well settled that U.S. courts have the power to issue an anti-suit injunction — that is an injunction enjoining a person subject to their jurisdiction from prosecuting a foreign suit. Kaepa, Inc. v. Achilles Corp., 76 F.3d 624, 626 (5th Cir. 1996). It is important to note that this injunction is aimed not at the foreign court, but at the party over which the U.S. court has jurisdiction. Failure to comply with the anti-suit injunction, therefore, is contempt of court.