On The Judicial Practice And System Construction Of Anti-suit Injunction In My Countr

International parallel litigation involving standard-essential patent disputes sets off injunction battle between countries.Although China’s civil procedure law does not provide for an anti-suit injunction system,the effect of an anti-suit injunction has been achieved in judicial practice through the ruling on the conduct preservation,among which Conversant case being a more representative one.After the judicial practice of effectively realizing the effects of anti-suit injunctions already exists in China,it has become worthwhile to consider whether there is still a need to construct an independent anti-suit injunction system.By comparing the similarities and differences between the conduct preservation and anti-suit injunction system,we can find that these two start subject,consideration factors,punishment measures are not the same,the anti-suit injunction system still has the irreplaceable role of the conduct preservation,and if the construction of independent anti-suit injunction in China,it will help to solve the parallel litigation and jurisdictional conflicts,and can protect the legitimate rights and interests of our clients and public interest.The need for an injunction system still exists in China.At the same time,at the system level,our country advocates strengthening foreign-related field legislation,and has the principle of forum non conveniens;at the practice level,there are some basis for anti-suit injunction judicial practice in China in both the maritime and intellectual property fields,ensuring the feasibility of our country to build a ban on the system.With regard to the specific provisions of the anti-suit injunction system,in terms of scope of application,anti-suit injunction should be applied for by the parties to the court,and the specific interim measures that can be applied for include anti-suit injunctions,anti-enforcement injunctions and anti-anti-suit injunctions.The anti-suit injunction system is applicable in all inter-district and international civil and commercial cases.With regard to the application procedure,the parties shall submit a written application to the court before or during the proceedings,and the specific grounds on which the application include: cases falling within the exclusive jurisdiction of China,cases where the parties have agreed to choose the exclusive jurisdiction of the Chinese courts,cases where the defendant has already responded to or filed a counterclaim in the Chinese courts,the issuance of a counter-injunction against an injunction issued by an extraterritorial court,and other circumstances requiring the discretion of the judge;the application submitted by the parties shall be heard by the panel and a decision shall be made.In terms of considerations at trial,specifically the impact of extraterritorial proceedings on our proceedings,the prejudice that would be caused to the parties if the anti-suit injunction were not taken,the weighing of prejudice and gain,and the principle of respecting comity.In terms of penalties for breach of the injunction,these specifically include high daily fines,detention and,if they constitute an offence,criminal liability in accordance with the law,however,an anti-suit injunction should not be issued if the penalty is difficult to enforce.With regard to security and remedies,in cases where an anti-suit injunction is granted at the discretion of the judge,the applicant should provide security,the exact amount of which should be analysed in the light of the circumstances of each case and the characteristics of the area of litigation involved,and should not be rigidly limited.