Study On The Case Of Xiaomi Corporation Of China And The US Interactive Digital Injunctio

The anti-suit injunction,as a means for countries in the common law system to deal with international parallel litigation conflicts,has shown a trend of continuous expansion of applicable countries and fields of application.In order to solve the problem of how China deals with cases related to anti-suit injunctions,with the methods of case study and comparative analysis,this article takes the case of Xiaomi v.Inter Digital as an example and analyzes whether the anti-suit injunction in this case meets the requirements of an anti-suit injunction,whether it has global effect and whether the anti-anti-suit injunction issued by the Indian court is reasonable.The research draws a conclusion that China should establish an anti-suit injunction system based on the principles of international comity and reciprocity to deal with the excessive obstruction from foreign countries to China’s judicial sovereignty.At the same time,China should also actively seek international cooperation to regulate the rules of anti-suit injunctions.While the anti-suit injunction cases are increasing worldwide,this study is of important theoretical and practical significance for China to explore the response plan involved anti-suit injunctions.There are five chapters in the article.Chapter 1 briefly introduces the case and summarizes the controversies: whether the anti-suit injunction issued by Wuhan Intermediate Court meets the conditions of an anti-suit injunction,whether the anti-suit injunction can effect globally,and whether the anti-anti-suit injunction issued by the Indian court is reasonable.Chapters 2 analyzes whether the anti-suit injunction in the case meets the conditions of an anti-suit injunction.By combing the characteristics,manifestations and application of an anti-suit injunction,and carrying out functional comparison between the anti-suit injunction and behavior preservation,it is confirmed that the anti-suit injunction in this case meets the conditions of an anti-suit injunction.Chapter 3 interprets whether the anti-suit injunction in this case can effect globally.By analyzing the anti-suit injunction’s scope and extraterritorial effect,it is found that the anti-suit injunction is too broad in scope and difficult to be recognized by foreign courts.Accordingly,the anti-suit injunction is difficult to have extraterritorial effect.Chapter 4 discusses whether the anti-anti-suit injunction issued by the Indian court is reasonable.This focus concerns about the jurisdictional basis of the anti-anti-suit injunction.Based on the preconditions for issuing an anti-anti-suit injunction and the typical cases of anti-anti-suit injunction cited by the Indian court,it is found that the Indian court issued the anti-anti-suit injunction without legal basis,and the cases cited cannot support the issuance.Chapter 5 draws the enlightenment from the case to China.In order to deal with the excessive interference from foreign countries to China’s judicial sovereignty,it is better for China to build up an anti-suit injunction system with specific rules based on the principles of international comity and reciprocity.In addition,for regulating the rules of anti-suit injunctions,China should actively seek international cooperation to coordinate the conflict resulted from anti-suit injunctions.