LEGAL PHENOMENON OF RUSSIAN ANTI-SUIT INJUNCTION

In the context of globalization and the increasingly restrictive measures against Russia from a number of unfriendly countries and international organizations, protection of the rights of parties to civil and arbitration proceedings are of particular importance. The restrictive measures imposed on Russia create major barriers to the exercise of the rights of subjects of international private law, such as restricted access to justice, freezing of assets, and difficulties in the recognition and enforcement of judgments and arbitration awards. The analysis of international law mechanisms ensuring the protection of the rights of parties to the process and the examination of the recent court and arbitration practice are becoming increasingly relevant. Over the past few years, there have been a significant number of lawsuits involving the use of anti-suit injunctions. At the same time, there is a need for better understanding of this legal phenomenon and a more detailed elaboration of its mechanisms. The author examines the procedural law provisions, court practice of anti-suit injunctions, and proposes ways to eliminate elements of legal uncertainty at the national and international levels.

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Publication Details

Journal
Energy law forum
Published
2025-01-01
DOI
https://doi.org/10.61525/s231243500035538-9
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
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article

LEGAL PHENOMENON OF RUSSIAN ANTI-SUIT INJUNCTION

Emmanuel Z. Yakubov
Energy law forum
International Arbitration and Investment Law
article

LEGAL PHENOMENON OF RUSSIAN ANTI-SUIT INJUNCTION

Emmanuel Z. Yakubov
article en

Abstract

In the context of globalization and the increasingly restrictive measures against Russia from a number of unfriendly countries and international organizations, protection of the rights of parties to civil and arbitration proceedings are of particular importance. The restrictive measures imposed on Russia create major barriers to the exercise of the rights of subjects of international private law, such as restricted access to justice, freezing of assets, and difficulties in the recognition and enforcement of judgments and arbitration awards. The analysis of international law mechanisms ensuring the protection of the rights of parties to the process and the examination of the recent court and arbitration practice are becoming increasingly relevant. Over the past few years, there have been a significant number of lawsuits involving the use of anti-suit injunctions. At the same time, there is a need for better understanding of this legal phenomenon and a more detailed elaboration of its mechanisms. The author examines the procedural law provisions, court practice of anti-suit injunctions, and proposes ways to eliminate elements of legal uncertainty at the national and international levels.

Energy law forum(2)
Iranian Legal Medicine Organization (IR)
Peace, Justice and strong institutions
Openalex Percentile: Top 69%
International Arbitration and Investment Law
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LEGAL PHENOMENON OF RUSSIAN ANTI-SUIT INJUNCTION — Emmanuel Z. Yakubov · Energy law forum (2025) | TGRS Research Map | TGRS