Statement on the «Anti-search» Ban as a New Means of Protection in the National Legal Order

Abstract

The article is aimed at researching the legal nature of applying to the court for an injunction on initiating or continuing proceedings in a foreign court or arbitration (about an “anti-suit” injunction). The author has revealed that the direction of this application against the exercise of the right to go to court indicates its similarity with procedural and legal objections to the claim as a means of protecting the rights of the defendant. Through a compara tive analysis of these legal phenomena, the presence of such distinctive features list of applying to court in order to obtain an “anti-suit” injunction as the subject of filing an application, the time stage and procedure for filing it with a commercial court, the form and meaning of this application, as well as certain features of its consideration. The presence of these specific fea tures made it possible to formulate a conclusion about the transformation protective methods of defense in the national legal order and the formation of a completely new methodin their composition.