It may be very difficult, if not impossible, to obtain an anti-suit injunction preventing a party from commencing or continuing proceedings before another court (or arbitral tribunal), in order to enforce an arbitration agreement. An alternative to the anti-suit injunction is the anti-enforcement injunction: an order enjoining a party to an arbitration agreement from enforcing an award or a court judgment.

This article considers both anti-suit injunctions and anti-enforcement injunctions, including: anti-suit injunctions issued by state courts; anti-suit injunctions issued by arbitral tribunals; and a review of the anti-enforcement injunctions as a variant of anti-suit injunction.

This article is part of the PLC Arbitration multi-jurisdictional guide. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-guide.