Anti-suit injunction and European procedural law : Great Britain and the rest of the European Union versus 44/2001 regulation

The article presents and investigates a typical institution rooted in the common law systems - anti-suit injunction. First, it attempts to explain its origin and the way it operates. Afterwards, it concentrates on the approach adopted by the European Union thereto. In order to do it, it presents two judgments delivered by the European Court of Justice in Turner case (C 159/02) and Allianz SpA & Generali Assicurazioni Generali SpA v West Tankers Inc. (C-185/07) in which the Court checked the compliance of anti-suit injunction with European procedural law. Given that in both proceedings it was found inadmissible, it raised serious doubts of the representatives of the British doctrine as to the approach towards the measures that are specific for non-continental system. The article strives to present the arguments raised by both sides of the conflict without clearly judging which one is appropriate, as such a goal would be rather difficult for a representative of non common-law doctrine +and hence the answer would not be objective.