Anti-Suit Injunctions in Cross-Border Insolvency: A Restatement

Abstract

English law on anti-suit injunctions in international commercial litigation has reached its 21st century adulthood, but the law on anti-suit injunctions in international insolvency litigation is still in its 19th century infancy. This Article attempts to rationalise the full implications of the jurisprudence of anti-suit injunction in the non-bankruptcy related litigation for bankruptcy litigation, and to map out the function of anti-suit injunctions in international insolvency litigation. In addition, it will be shown that the comity theory underpinning the modern case law is unsound. Although not meant to be a comparative study proper, this Article draws substantially on the US experience, including 304 of the US Bankruptcy Code.