Almanac of law. Issue 16 (2025), pages 409–414.
DOI: 10.33663/2524-017X-2025-16-409-414
Melnyk M. А.
Genesis, practice and prospects of the application and abuse of judicial jurisdictional prohibitions (anti-suit injunctions): a comparative legal analysis
The article explores the legal institute of judicial jurisdictional injunctions, commonly referred to as anti-suit injunctions, tracing their origin, transformation, and current application within the context of increasing polarization of the global legal order. Initially developed within the common law tradition as a predominantly private legal remedy, anti-suit injunctions served to restrain parties from pursuing litigation in foreign jurisdictions where such actions could undermine the interests of justice. Over time, this legal tool has undergone significant evolution, expanding beyond its original scope and entering other legal systems, where it has been adapted to respond to growing challenges of jurisdictional overlap and legal fragmentation.
He study examines the foundational principles and justifications for issuing anti-suit injunctions, including the need to preserve judicial integrity, prevent duplicative litigation, and maintain procedural fairness between parties. It reviews leading jurisprudence from key jurisdictions such as the United Kingdom, the United States, and the European Union, highlighting both the convergences and divergences in legal approaches. The article also draws attention to how the use of anti-suit injunctions can sometimes reflect broader geopolitical tensions, particularly when states employ them unilaterally in ways that may strain diplomatic or legal cooperation. A key focus of the article is the role of anti-suit injunctions in regulating complex cross-border legal disputes, especially in commercial and investment contexts. These injunctions serve as a mechanism to limit forum shopping and reinforce the primacy of agreed dispute resolution forums, such as arbitration.
Given the absence of such a mechanism in Ukrainian legal practice, the article argues for its doctrinal analysis and integration into legal discourse. The research highlights the necessity of assessing the feasibility and implications of introducing this instrument into the Ukrainian legal system, particularly in light of Ukraine’s ongoing legal reforms and its aspiration to harmonize domestic law with international standards. The study aims to contribute to the scholarly understanding of anti-suit injunctions by analyzing their historical development, practical use in various jurisdictions, and potential utility in shaping a coherent national response to cross-border legal conflicts.
Key words: world legal order, international law, legal jurisdictions, compulsory demarcation, common law, case law, legal regulation, transnational justice, legal systems.
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