Abstract
Modern rules of personal and prescriptive jurisdiction often provide parties with several choices with respect to the country in which to litigate a transnational dispute. Consequently, parallel litigation—simultaneous litigation in courts in the United States and in another country involving the same parties and similar claims—is not uncommon. The traditional response by U.S. courts to parallel litigation is to do nothing, invoking the general rule that parallel proceedings should ordinarily be allowed to proceed simultaneously. There are, however, exceptions to this general rule. A U.S. court may stay or dismiss the domestic action pursuant to the doctrine of forum non conveniens, or may abstain from proceeding based on lis alibi pendens. In some cases, the U.S. court may issue an anti-suit injunction that prohibits the parties from continuing to prosecute the foreign proceeding.
Recommended Citation
Heiser, Walter W.
(2011)
"Using Anti-Suit Injunctions to Prevent
Interdictory Actions and to Enforce Choice
of Court Agreements,"
Utah Law Review: Vol. 2011:
No.
3, Article 4.
Available at:
https://dc.law.utah.edu/ulr/vol2011/iss3/4