Foreign judgments and contracts: The anti-enforcement injunction

• Main Author: YEO, Tiong Min
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2021
• Subjects: Private international law; conflict of laws; anti-suit injunction; anti-enforcement injunction; foreign judgment; breach of contract; Asian Studies; Common Law; Contracts
• Online Access: https://ink.library.smu.edu.sg/sol_research/3438; https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma99515747602601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,A%20conflict%20of%20laws%20companion:%20Essays%20in%20hoour%20of%20Adrian%20Briggs&offset=0
• Institution: Singapore Management University

This essay examines, within the common law world, the practice of courts in England and Wales and in Singapore of granting injunctions to restrain the enforcement of foreign judgments, with particular reference to cases in which the injunction is sought to protect a contractual right. It considers the approach in recent case law, contrasting the ‘anti-enforcement injunction’ with the more frequently granted ‘anti-suit injunction’. It further seeks to differentiate cases where the proceedings leading to the foreign judgment had been brought in breach of a choice of court or arbitration agreement from cases where the reliance on the foreign judgment is the breach of contract.