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Anti-suit Order "a Number Of Legal Issues Study

Posted on:2009-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:H Z SunFull Text:PDF
GTID:2206360245986181Subject:International law
Abstract/Summary:PDF Full Text Request
International conflicts of jurisdiction include positive conflict of jurisdiction and negative conflict of jurisdiction .Anti-suit jurisdiction as a kind of measures to solve international parallel proceeding is widely used in judicial practice of Anglo-American law system.Our chinese paties also used and conuntered the anti-suit injunction,and there have been controversied by our law experts about whether the anti-suit injunction should appeal to China's service and whether the anti-suit injunction invade China's judicial sovereignity. First of all,this section analys the history and current situation of anti-suit injunction in Anglo-American law system with methods of comparative analysis and case study ,so that we can sum up some principles and factors that American and British courts consider when issued an anti-suit injunction;the second part of this article analys the relationship between the anti-suit injunction and the conventions on jurisdictional agreements which includes arbitration agreements and choice of court agreements with the purpose to analy the legality and reasonablity of issuing an anti-suit injunction when the parties exist an arbitration agreement or a choice of court agreement .so that we can recognize that we shall be liable to respect"party autonomy"and admit the effect of anti-suit injunction when the parties have effective agreement to choose a special arbitration tribunnal or court to solve their disputes ;the last section analys china's attitude to anti-suit injunction and whether our china should establish anti-suit injunction system to protect our parties interests and safeguard our court's jurisdiction.so we can draw a conclusion that we should establish limited anti-suit injunction system to adapt to our china's reality.with the analysis above ,the author hope it can do a favor to establish anti-suit injunction system in our china.
Keywords/Search Tags:Anti-suit injunction, Parallel proceedin, Party Autonomy, International Comity
PDF Full Text Request
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