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Anti-suit injunctions w świetle polskiego oraz europejskiego prawa procesowego

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Szafran D.
Forum Prawnicze
|
2017
|
issue 5 (43)
84–91
EN
The article describes the institution originating in common law states – anti suit injunctions. First, the author analyses the possibility of using this institution in European countries, including Poland. Then, the most important judgements of the European Court of Justice were described. In two of them ECJ stated that anti- suit injunctions are contrary to European Union law, especially with the mutual trust rule. The third judgement is more controversial, because ECJ allowed using anti-suit injunctions by arbitration courts. In conclusion, the author analyses the views of the Polish legal doctrine on anti-suit injunctions and the possibility of using them in Polish courts.
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