Study On The Applications Of Anti-suit Injunctions In The United Kingdom As Well As The United States And Proposals To China

Anti-suit injunction is one of the approaches to resolve the conflicts resultingfrom international civil and commercial jurisdictions. It plays an important role inregulating international parallel litigations and forum shopping, it also does well inresisting excessive jurisdictions of other nations, protecting judicial sovereignty andthe benefit of nationals. But we know little about it. This paper introduces the anti-suitinjunctions of the United States and the United Kingdom, it also investigates thenecessity and possibility of bringing the anti-suit injunction into China. This paperalso tries to build anti-suit injunction of our own country with a hope to contribute toour anti-suit injunction study.This paper will adopt the methods of empirical analysis and comparison analysis.First, I will investigate the applications of anti-suit injunctions both in the UnitedStates and the United Kingdom. Then, I will make a contrast of the two countries onthe basis of the investigations with a purpose to provide some proposals to ourcountry.This paper divides into five sections.The first section introduces two anti-suit injunction cases in which the anti-suitinjunctions are directed at Chinese, and this leads to a series of questions for us toponder.The second section gives a brief introduction of the anti-suit injunction. Itinvolves the origin and developments of anti-suit injunction, the nature of it and thefunctions as well as the defects of anti-suit injunction.The third section introduces the anti-suit injunction of the United Kingdom.Because of the impacts of the system of the Brussels Convention, the role of anti-suitinjunctions made by forums of UK is different in and out of EU. Thus, the sectionfurther divides into four parts. The first part introduces the role of anti-suit injunction of UK in the jurisdiction of EU; The second part introduces the role of anti-suitinjunction of UK out of the jurisdiction of EU; The last part gives a brief comment onthe anti-suit injunction made by forums in UK.The Fourth section introduces the anti-suit injunction of the United States. Thesection further divides into four parts. The first part introduces the usualcircumstances under which the anti-suit injunction will be issued; The second partintroduces the two traditional methods and the methods’ development of issuinganti-suit injunction in US; The third part introduces the “mold litigation” in US; Thelast part makes a comparison between the anti-suit injunction made by forums in USand the anti-suit injunction made by forums in UK.The fifth section relates to anti-suit injunction and China. The section furtherdivides into four parts. The first part investigates the measures which are next to theanti-suit injunction in form, the measures involve maritime injunction, temporaryrestraining order and act preservation; The second part probes into the methods ofchina to replay to anti-suit injunctions; The third part probes into the feasibility ofbringing anti-suit injunction into China; The last part probes into the construction ofthe anti-suit injunction of China.