Research Of Anti-suit Injunction In International Commercial Arbitration

At present, international commercial arbitration and international civil litigation to resolve international commercial disputes, as the two most common means, the parties are no longer limited to "two choose a" model chosen remedy. Arbitration clause in the contract by one party to the dispute to arbitration, but the other party is still to foreign or domestic court proceedings in relation to contract disputes, thus forming a parallel with the parallel proceedings similar to the procedure. The problem of parallel proceedings as a solution to anti-suit order system was introduced to homeopathy, in support of arbitration a party may appeal to the court for a prohibition order issued to prevent the other party in court proceedings, in order to reconcile these contradictions generated by the parallel program. This article focuses on just such a measure, through the empirical analysis of anti-suit order to a large number of cases based on complaints that the ban arbitration system to do a more comprehensive analysis, and on this basis proposed in the legislation of principle of this system should not be, but through judicial interpretation of the model should focus on solving the problem of foreign anti-suit injunctions.