A Study On Anti-suit Injunction Under International Civil Jurisdiction Area

Anti-suit injunction is a special remedy which is now widely used in common law countries to solve jurisdiction conflict. Courts frequently issue anti-suit injunctions to partier, who belong to personal jurisdiction to restrain forum shopping and parallel proceedings in foreign countries. However, due to the offensive nature of anti-suit injunction, each issuing country follows the principle of comity, acting conservatively and cautiously. Comparatively, civil law countries have not established anti-suit injunction regime and even have no equitable remedies. Therefore, most civil law countries are unfamiliar with anti-suit injunction and as such, the research of anti-suit injunction is insufficient. Nowadays, anti-suit injunction is more frequently used in international commercial arbitration and international civil procedures and has got great public concern.This dissertation, by conducting comparative analysis and positive analysis, discusses the following problems: the concept, character and history origins of anti-suit injunction; relevant judicial practices in England, U.S., Germany and international instruments to analysis the legal effect of anti-suit injunction; and relevant Chinese case as well as to the feasibility of establishing the anti-suit injunction regime in China. The dissertation includes four chapters:Chapter 1 introduces the general concept, character and history origins of anti-suit injunction. This chapter is a background for the subsequent chapters.Chapter 2 introduces the development of anti-suit injunctions in England and US, two major common law countries, and analyzes the standard of issuing anti-suit injunctions in these countries. This chapter also takes Germany for example to analyze different views about the utilization of anti-suit injunction in civil law country.Chapter 3 discusses two different international attitudes towards anti-suit injunction. On one hand, according to "Brussels convention on jurisdiction and the enforcement of judgments in civil and commercial matters", anti-suit injunction should be used cautiously in parallel proceeding. On the other hand, "UNCITRAL Model Law on International Commercial Arbitration with Amendment in 2006" admits the positive role of anti-suit injunction.Chapter 4 discusses relevant issues about anti-suit injunction in China and analyzes a typical Chinese case involving in anti-suit injunction. In conclusion, suggestions are provided for China to learn from the foreign anti-suit injunction systems and establish its own anti-suit injunction system.