Study On The Anti-suit Injunction In International Commercial Arbiration

The injunction is a kind of measures against forum shopping and parallel litigation. At present, International studies on the injunction system are more concentrated on the international civil proceedings, but study on international commercial arbitration system is not so, it has to be said that with the development of international commercial arbitration, and then some advantages and commercial arbitration itself, it provides strong development prospects.The rapid development of economy, drive international commercial activities more frequently between the parties, countries will inevitably in the performance of the contract dispute, the injunction system is developed in this premise, issued the injunction country has not a few, of course in some other countries, this system also has the different stipulation. Nowadays the international communications are more and more frequent, the international practice of litigation is not uncommon, in international proceedings the parties will be more inclined to choose the action to maximize their own interests of the court, making considerations and choices will be more complex, this is also one of the reasons for the development of injunction.The injunction since it is controversial, even so it is developed rapidly. A system is in such a complex environment still touted certainly has its value. If because of the need to deny the injunction system, regulations may compel the parties to fulfill the original agreement on arbitration agreement jurisdiction clause, so sure there will be other relief measures to maintain the initial agreement to replace the injunction this way now have the role of. Most national legislation that should support and encourage commercial practice of the jurisdiction clause. While the injunction system to ensure that the important factors of value. It starts from the interests of the parties, the spirit of honesty and credit principle requires the parties to abide by the contract on the arbitration jurisdiction clause commitment.The introduction and establishment of the injunction system, provides the basis and the prerequisite for solving this kind of problem.This is the progress of the times but also an expression of the pursuit of social development.