Enforcement Of Anti-suit Injunction In Jurisdiction Agreement

With the increasing number of international civil and commercial activities,the jurisdictional agreement system has also been rapidly developed.The development of the jurisdictional agreement system has given the parties the right to choose the location of dispute resolution,but it has also produced many selection courts and parallel lawsuits.In order to resolve the resulting conflicts of jurisdiction,some principles and methods have emerged in the world one after another,of which the anti suit injunction is one of the methods.It is originated in the United Kingdom,and was gradually used internationally to stop the respondent's litigation activities in foreign countries.The essence of the anti suit injunction is to strive for the civil and commercial jurisdiction of the country in order to safeguard the applicant's legal rights.At the same time,the execution of an anti suit injunction can effectively guarantee the effectiveness of the terms of the jurisdiction agreement and play a role in promoting the development of the jurisdiction agreement system.In judicial practice,countries such as Britain and the United States have defended the effectiveness of jurisdiction agreements in practical cases through anti suit injunction.However,in the process of enforcement,anti suit injunction have been restricted by international treaties such as the "Brussels Convention" and also violated international standards.The principle of comity,etc.,is constrained and eventually leads to difficulties in enforcement of anti suit injunction.At present,China has made relevant provisions on the jurisdictional agreement from the legislation,and the principle of actual contact is the criterion for the validity of the audit agreement.On the issue of jurisdiction agreement,the system of the anti suit injunction has not yet been introduced into our laws and regulations.Regarding whether the anti suit injunction should be adopted,the views of the theoretical and practical circles are inconsistent.Professor Ou Fuyong believes that China can consider the application of an anti-suiting order system,and Prof.Xie Songshi believes that an anti suit injuntion is not conducive to the protection of private rights of the parties.Although China's anti suit injunction issued by other countries usually adopt a negative attitude of non-recognition and non-execution,this is not conducive to the development of international civil and commercial affairs,nor is it conducive to safeguarding the legitimate rights and interests of our citizens.Therefore,China can make relevant provisions from the legal and procedural aspects to provide conditions for the enforcement of the anti suit injunction of China's jurisdictional agreement,help our country resolve parallel litigation issues and avoid conflicts arising from jurisdictional issues,thus promoting the jurisdictional agreement system.China's international civil and commercial activities have developed smoothly.