Study On China's Establishment Of Anti-suit Injunction System On The Field Of International Civil And Commercial Arbitration

More and more international trade disputes appear due to International trade is becoming more and more frequent. With the convenient and flexible features, arbitration has become the mainstream way to settle disputes. For avoiding the possibility of being brought adverse results by the international commercial arbitration, one party makes connections on purpose or abuses competence of court, and brought the international civil and commercial litigation to hoggish court under the national laws. This leads to the comparability with international parallel litigations. It is a collision phenomenon between international commercial arbitration and international civil and commercial litigation. In order to solve this problem, the Anti-suit Injunction, which was the first to be used in solving parallel proceedings, is being used in the field of international civil and commercial arbitration.After Anti-suit Injunction becomes effective way to solve collision phenomenon between international commercial arbitration and international civil as well as commercial litigation, the overuse leads to the trouble, such as inconsistent between doctrine of international comity. Anti-suit Injunction and the issuance of Anti-suit Injunction was suspected of infringement of other countries' judicial sovereignty. This result has also attracted a great deal of controversy. In order to solve this problem, countries with mature Anti-suit Injunction system, such as United Kingdom and Unite State, made a strict limit on Anti-suit Injunction. In addition, when issued the Anti-suit Injunction, those countries will also adopt a more cautious attitude and consider doctrine of international comity cautiously.Neither the regulation of Anti-suit Injunction nor situation of Anti-suit Injunction issued by court was contained in the law of our country. However, in the field of the international commercial arbitration, some cases, such as Shenzhen Cereals Group CO. LTD. v. FUTURE E.N.E, Tianjin Steel Group v. Niagara Shipping CO., have happened. Chinese corporations are prohibited objects truly in those litigations. If China builds up Anti-suit Injunction System in the field of international civil and commercial arbitration, China has the same right to speak to foreign countries. Meanwhile, for avoiding Chine taking reciprocity principle on other foreign countries'standards issued on Anti-suit Injunction, foreign courts is bound to be more cautious when they issue Anti-suit Injunction to the parties of China. In addition, with Anti-suit Injunction System in the field of international civil and commercial arbitration, China also has initiative on ensuring arbitration mechanism jurisdiction. Not only can it promotes China's construction in world arbitration but also meets requirements of Anti-suit Injunction on foreign-related arbitration cases which occurred in China.By using Regulation of Anti-suit Injunction system of United Kingdom, which is birth land of Regulation of Anti-suit Injunction system for reference, also by combining with China's actual situation and the law conditions, China can build up Regulation of Anti-suit Injunction system on the field of international civil and commercial arbitration. Main content in Regulation of Anti-suit Injunction system should be built firstly, which means law of system, content of system and procedure of system. Secondly, defining specific legal provisions on Regulation of Anti-suit Injunction system simply and accessibly by aspects of Legislation system, accepting the jurisdiction of the court injunction case and involving arbitration body are necessary. Besides, to analyze the main content in Regulation of Anti-suit Injunction system in details by the following four points:Principle of subject and jurisdiction, application conditions of Anti-suit Injunction and the principle or conditions of issue. Obligations are needed to be observed for the one who applies Anti-suit Injunction as a consequences of violating Anti-suit Injunction. What's more, to set operating rules of Regulation of Anti-suit Injunction system by the following different perspectives:procedures of hearing and issuing on Anti-suit Injunction, Jurisdiction Objection, Appeal procedures, service procedures, punishment procedures. Finally, to design the specific content of the above-described, forming a framework of Regulation of Anti-suit Injunction system on International civil and commercial arbitration of China providing a simple idea for China to construct this system truly in the future.If the Regulation of Anti-suit Injunction system on the field of international civil and commercial arbitration will be put into practice in China, it might cause a series of problems, but the most important problems are:The conflict between the Regulation of Anti-suit Injunction system and our country's rules, which are about principle of arbitral tribunals'self-adjudicating Jurisdiction, and the problem of whether issuing Anti-suit Injunctions will infringe other country's judicial sovereignty. Only by dealing with these two issues, the Regulation of Anti-suit Injunction system on the field of international civil and commercial arbitration, it will really be implemented in China, and be effective in the process of it's application to achieve the positive results.