Anti-Suit Injunction ในกระบวนการอนุญาโตตุลาการ

Abstract

In the case where there is arbitration clause or arbitration contract between disputing parties but one of them disregards arbitration and brings the case to the court, there should be certain legal mechanism to put they back on ADR track; i.e. arbitration. This provision empowers the court to stay the proceeding and let the disputing parties resolve their dispute by arbitration first. The jurisdictions with written arbitration law or statute on arbitration are, for instance, Thailand, England, and French. In the jurisdictions where there is no written arbitration law, e.g. the United States and Singapore, the party which does not initially start court proceeding can file the motion to the jurisdictional court to demand for “Anti-suit Injunction” in order to stay the court proceeding and let the parties put an end to their dispute by arbitration beforehand, provided that the party which file such motion has to prove a)existence and validity of arbitration clause or contract b)identical concerning parties and dispute and c) arbitrability. For Thailand, state practice depends on international administrative or judicial agreement with specific country, together with the obligation under Article II(3) of the New York Convention on Recognition and Enforcement of Arbitral Awards 1958.