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The Use and Abuse of Anti-Arbitration Injunctions – A Way Forward for Singapore

Nicholas Poon

(2013) 25 SAcLJ 244

Abstract:
Concomitant with the rise of international arbitrations, anti-arbitration injunctions are becoming increasingly popular as a tactical strategy. Although it may seem contrary to the policy of minimal curial intervention, this article suggests that anti-arbitration injunctions are within the jurisdiction of courts and, used in the right circumstances, are compatible with the goals of international commercial arbitration. However, the line between the acceptable use and unacceptable abuse of anti-arbitration injunctions remains fine. As anti-arbitration injunctions have far-reaching consequences, courts should tread this path with caution.