1. UNITED STATES FEDERAL COURTS: INJUNCTIONS AGAINST SUIT IN A FOREIGN COUNTRY SUMMARY STATEMENT © 2012 ANDY DOUGLASS MORRISON MAHONEY LLP 15 State Street New York, NY 10004 USA 250 Summer Street Boston, MA 02210 USA 1-800-977-8050 x7537

2. ANTI-SUIT INJUNCTION PETITIONS IN THE U.S. FEDERAL COURTS KEY POINTS: THESE ARE ACTIONS IN EQUITY, NOT LAW – MOST LIKELY TO BE GRANTED WHEN THE COURT IS APPALLED BY SOME ASPECT OF THE OTHER PROCEEDING RULES OF COMITY ARE PARAMOUNT IN THE COURT’S MIND (PERSONAL OPINION): U.S. COURTS ARE –VERY UNLIKELY TO ENJOIN A PROCEEDING TAKING PLACE IN A FIRST-WORLD COUNTRY WITH THE RULE OF LAW –MORE LIKELY TO ENJOIN A PROCEEDING IN A THIRD WORLD COUNTRY, ESPECIALLY WHERE THE JUDICIARY IS NOT TRULY INDEPENDENT IF AN ARBITRATION CLAUSE IS IN THE CONTRACT, U.S. COURTS ARE VERY UNLIKELY TO ENJOIN ARBITRATIONS, REGARDLESS OF THE LOCATION OF THE SEAT OF THE ARBITRATION.

3. KEEP IN MIND THAT IF A U.S. FEDERAL COURT GRANTS AN INJUNCTION REQUEST, –IT IS NOT ORDERING A COURT IN ANOTHER COUNTRY TO DO ANYTHING –IT IS ENJOINING INDIVIDUAL PARTIES WHO ARE WITHIN THE PERSONAL JURISDICTION OF THE U.S. COURT FROM TAKING ACTION TO FURTHER THE ENFORCEMENT OF AN AWARD (BUT A NATION CAN BE SUCH A PARTY– ECUADOR WAS RECENTLY)

4. FACTORS WHICH A U.S. FEDERAL COURT MAY CONSIDER: MORE LIKELY TO GRANT IF THE FOREIGN ACTION: (1) FRUSTRATES A VITAL U.S. POLICY, OR (2) POSES A THREAT TO IN REM/QUASI IN REM JURISDICTION OF U.S. COURTS

5. FACTORS WHICH SOME CIRCUITS MAY ALSO CONSIDER: (3) THE FOREIGN ACTION IS CONSIDERED VEXATIOUS, OR (4) A PERCEIVED NEED TO AVOID DUPLICATIVE AND/OR INCONSISTENT RESULTS, OR (5) U.S. INTERESTS OUTWEIGH INTERNATIONAL COMITY CONCERNS

6. THE U.S. SUPREME COURT OFTEN INTERVENES (GRANTS CERTIORARI TO HEAR THE CASE) WHEN THE HOLDINGS OF THE CIRCUIT CONFLICT WITH ONE ANOTHER, BUT IT DOES NOT HAVE TO SO PICK YOUR VENUE CAREFULLY IF YOU ARE GOING TO BE IN THIS KIND OF DISPUTE.