Anti-Suit Injunctions in Arbitral and Judicial Proceedings in Israel

This paper, prepared within the framework of the studies of the International Academy of Comparative Law, according to a questionnaire prepared by Professor Filip de Ly, the general rapporteur of this subject for the Academy, analyzes critically and comprehensively the whole range of anti-suit injunctions in arbitral and judicial proceedings in Israeli law – the historical development of anti-suit injunctions in Israel (part 1.1); the use of anti-suit injunctions in domestic, as compared with international litigation (part 1.2); the different categories of anti-suit injunctions, relating also to availability of anticipatory anti-suit injunctions and anti-enforcement injunctions (part 1.3); the variety of procedures in which anti-suit injunctions are available – public law, law of obligations, property law, intellectual property, corporate law, bankruptcy/ insolvency proceedings and family law (part 1.4); the requirements for obtaining an anti-suit injunction, differentiated according to the legal category involved (part 1.5), bars to obtaining anti-suit injunctions, relating also to matters of sovereign immunity and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (part 1.6); the policies underlying anti-suit injunctions and their influence over the decision-making process in such cases (part 1.7); the attitude to parallel foreign proceedings and anti-anti suit injunctions (part 1.8); the availability of alternative remedies with equivalent, or effect (part 1.9). Part 2 analyzes the same matters with respect to arbitration proceedings