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Injunctions and International Arbitration Proceedings

October 2012 – Chaffetz Lindsey Senior Associate, Jennifer Gorskie, recently co-moderated, with Marc Goldstein, an esteemed panel at a New York City Bar event on the growing use of injunctions in international arbitration proceedings. The panel, organized by the Committee on International Commercial Disputes, included Lord Collins of Mapesbury, former Justice of the Supreme Court of England & Wales, the Hon. Katherine B. Forrest, United States District Judge, SDNY, the Hon. Victor Marrero, United States District Judge, SDNY, Professor George A. Bermann, Professor of Law, Columbia Law School, Oliver J. Armas from Chadbourne & Parke and Ank A. Santens from White & Case. The panelists reflected on their experience in the use of anti-suit injunctions in aid of international arbitrations to protect an arbitral tribunal’s power to render a meaningful award, and the somewhat more controversial use of anti-arbitration injunctions to enjoin an arbitration where a party argues it is not subject to arbitral jurisdiction.

Jennifer has broad experience representing sovereigns, financial services firms and energy & resources companies in international commercial arbitration and investment treaty disputes. She is the author of a recent article published in Arbitration International on anti-arbitration injunctions, entitled US Courts and the Anti-Arbitration Injunction, Arb. Int’l., Vol. 28, No. 2 (2012), which can be viewed here. She serves as the Interim Treasurer of the newly established New York International Arbitration Center.

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