Research Of Anti-suit Injunetion In International Commercial Arbitration

Given the superiority of international commercial arbitration, more and more people usethe arbitration mechanism to resolve disputes. But in practice, in order to avoid arbitration aparty offen in violation of an arbitration agreement and resorting to the foreign court.In thiscase the other party may seek an anti-arbitration injunction to preventing the party fromcommencing or continuing proceedings. Earlier, the anti-suit injunction is mainly applied inthe field of international civil litigation to resolve the problem of parallel proceedings and toavoid conflicts of jurisdiction between countries. Nowadays,the anti-suit injunction is widelyused in international commercial arbitration.Courts in many common law countries frequentlyresort to this device in support of arbitration to protect their civil and commercial jurisdiction.Many civil law countries are still relatively unfamiliar with the anti-suit injunction and theattitudeabout anti-suit injunction is not clear.Whilst anti-suit injunctions are seen as controversial, it appears to interferencenational jurisdiction of other countries, and also not compatible with some internationalconventions.The anti-suit injunctions is judicial interference or judicial protection? Thisdissertation,by conducting comparative analysis and positive analysis,discusses therelevant judicial practices in England,U.S and Switzerland.Next, demonstrate theapplication of anti-suit injunction in international commercial arbitration and the currentproblems.With clarify the relationship between the anti-suit injunction and some importantinternational conventions, such as New York Conventionand Brussels Convention, toanalysis the theoretical basis and the development trend of anti-suit injunction. Finally, byanalysis the case with Hong Kong to demonstrate the compatibility of anti-suit injunctionand the feasibility of establishing the anti-suitinjunction regime in China．...