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

Nowadays, 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, or to resist forum shopping and parallel proceedings, and at last get its jurisdiction.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. So this is harmful to the states and civil legal rights.In order to resolve these problems 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 article introduce the Convention of the Recognition and Enforcement of Foreign Arbitration Awards 1958, Convention on the Settlement of Investment Disputes between State and National of other States 1965, Vienna Convention on the Law of Treaties, UNCITRAL Model Law on International Commercial Conciliation and other related conventions. In addition, this article explain the Phillip Alexander Securities case, KBC v. Pertamina case, Loewen case, Angelic Grace case, Welex case, Himpurna California Energy v. Indonesia case and so on. At the same time, it mainly introduces the anti-suit injunctions issued by different organs (e. g. national courts, arbitrator, ICSID). For this reason, in order to bring forward rational proposal to perfect our law, the author raises her opinions and the views.