A Study On The Anti-suit Injunction In International Commercial Arbitration

As the growing popularity of international commercial arbitration, Anti-suit injunction is widely used in international commercial arbitration.Courts in many common law as well as some civil law countries frequently resort to this device at a party's request in order to disrupt the arbitration process, to resist the enforcement of the award, anti-suit injunction is the essence of the system for their civil and commercial jurisdiction to safeguard the legitimate rights of its citizens.The use of anti-suit injunctions in the context of international commercial arbitration has raised many disputes.The main problem is that it appears to violate the accepted principles of international arbitration and denial of justice to some extent. There are many such cases and they can be bothersome for the courts and for the parties in international commercial arbitration, but there is less research on this subject. Apparently made use of and response to anti-suit injunctions will slightly strange, is not conducive to their national and legitimate rights of citizens protected.In order to resolve these problem and promote the development of international trade. We need to try on combining procedural law with substantive law, and setting up related legal system. This paper introduce the Arbitration Act 1996,the Brussels Regulation(EC)44/2001, the Recognition and Enforcement of Foreign Arbitration Awards 1958, United Nations Convention on Contracts for International Carriage of Goods Wholly or Party by Sea and UNCITRAL Model Law on International Commercial Conciliation and other related conventions. In addition, this paper explain the Turner v. Grovit, Gasser v.MISAT, Amercian International Speciality Lines Insurance Co. v Abbott Laboratories, West Tankers Inc., the "FRONT COMOR and so on. Meanwhile, the elaborate system of status and of the relevant judicial practice, analysis of anti-suit injunction, so that the feasibility of in our country, and our anti-suit injunction make recommendations related to the establishment of the system.