Research On The Anti-suit Injunctions System Under The English Law And Its Countermeasures

Anti-suit Injunction is an historic and unique features of the legal system in Common Law country and region,also occupy a prominent position in the civil litigation fields in the United Kingdom and the United States.Anti-suit Injunction in the modern sense originated in the early England.It was originally developed as a means of coordinating the conflicts of jurisdiction between domestic courts in the United Kingdom.However,now that anti-suit injunction have evolved into an important means for common law countries to deal with international parallel litigation and the selection of courts.This article takes the anti-suit injunction system under the English law as the research object,adopts the methods of historical analysis,comparative analysis and empirical analysis.The article analyzes the concept of an anti-suit injunction in an international civil action,the historical origin and development trend of the anti-suit order,as well as the specific system of the anti-suit injunction under English law,also in combination with relevant case studies of China,the European Union,Germany and other countries in responding to anti-suit injunction.In addition,the article will also analyze China's position in responding to anti-suit injunction and explore the design and construction of China's anti-suit injunction system,and seek a reasonable way for China to deal with the anti-suit injunction from a theoretical and empirical perspective.It is expected that the research in this paper can fill the research gap in the field of anti-suit injunction in China,and provide useful guidance for individuals or economic organizations that conduct international civil and commercial activities when they face the injunction orders issued by foreign courts,also provides appropriate reference for our country to use the advanced systems in foreign legislation to improve its foreign-related civil and commercial jurisdiction.This article is divided into four chapters except the introduction.Introduction pointed out that although there are no relevant provisions of the anti-suit injunction system in our country's laws,but a number of cases where our courts and parties have been subject to injunction orders issued by foreign courts in international civil and commercial activities have happened.Future E.N.E v.Shenzhen Food Group Co.,Ltd.this case in 2004 opened the prelude to the exchange of anti-suit injunction with Chinese parties.Since then,there have been a number of influential cases of anti-suit injunction such as Starlight Ship Company v.Taiping Insurance Company,Essar Shipping Company v.Bank of China,etc.However,in the cases in which Chinese parties suffered an anti-suit injunction,the passive and defensive countermeasures generally adopted by our courts and parties,but such an approach cannot protect the interests of the Chinese party in all directions.So,how to deal with the anti-suit injunction issued by foreign courts has become a research topic with theoretical and practical value.The first and second chapters of this article are detailed introductions to the system of anti-suit injunction.The first chapter mainly summarizes the basic issues of the injunction.This chapter begins by defining the “anti-suit injunction” as used herein,discussing the meanings of the word,by comparative analysis of the “ anti-suit injunction ”concept,between domestic and foreign scholars,to explore the most reasonable and comprehensive concept of “ anti-suit injunction ”.Secondly,it discusses the historical origin of the injunction system and its development and application in international civil litigation.Finally,the issue of an anti-suit injunction within the EU is considered as the starting point for this research to analyze the future development trend of the anti-suit injunction and the specific reasons why it will develop in this way.The second chapter of this article is a detailed introduction to the English anti-suit injunction system.This chapter first clarified that the main statutory basis for the issuance of anti-suit injunction by the English courts is mainly the 1981 Supreme Court Act and the 1996 British Arbitration Act.Afterwards,the four principles to be followed in order to issue an anti-suit injunction under the English law are introduced:The court can only issue an anti-suit injunction against the party who has the personal jurisdiction;the anti-suit order must be issued for the purpose of “ fairness and justice ”.The court to issue injunction if the legitimate rights for the purpose of achieving,that is to say,the applicant of an anti-suit injunction must have the legal right not to be sued in a foreign court,for example,there is a court selection agreement or an arbitration agreement;or the applicant of an anti-suit injunction must have equitable rights not to be sued in a foreign court;Since the injunction has a certain degree of offensiveness,the issuance of the anti-suit injunction should always follow the principle of prudence.This chapter concludes with a discussion of the specific consequences of violating anti-suit orders,and based on this,analysis of the effectiveness of the anti-suit appeal in the United Kingdom and its extraterritorial effectiveness in the UK.The third and fourth chapters of this article are the study of issues related to the anti-suit injunction and China.In the third chapter,the paper selects the typical case of three Chinese party suffered the injunction issued by a foreign court,including Future E.N.E v.Shenzhen Food Group Co.;Essar Shipping Company v.Bank of China and Huatai Property Insurance Shenzhen Branch v.Berkeley Shipping Company.Based on the analysis and discussion of the advantages and disadvantages of the concrete measures taken by the Chinese parties and the Chinese courts in responding to the anti-suit injunction in these cases,put forward opinions and suggestions for the future of China should be how to deal with the anti-suit injunction issued by a foreign court.The fourth chapter mainly analyzes the current attitude of the Chinese academic community on whether or not to establish an injunction system in China.The scholars who agree with the construction of an anti-suit injunction in China believe that the current legislation in China cannot provide the necessary and sufficient relief for Chinese parties when they encounter an anti-suit injunction.Therefore,it is necessary to introduce an anti-suit injunction system to make up for this defect;The introduction of an anti-suit injunction system can also meet the needs of Chinese courts in the fight for case jurisdiction.Scholars who opposed the introduction of the anti-suit injunction system argued that the actual effect of the anti-suit injunction was difficult to guarantee and that it was controversial in the international community.The introduction of an anti-suit injunction system did more harm than good.After classifying and summarizing the numerous theoretical considerations that have been endorsed in China for establishing an anti-suit injunction system and opposing the establishment of an anti-suit injunction system,combining the inspiration and experience of Germany in responding to the anti-suit injunction,taking into account the specific reality of China,put forward own opinions on how to set up an anti-suit injunction system in China and how China should handle the injunction issued by foreign courts in the future.