Research On Chinese Systems Of Coping With Anti-suit Injunction In International Civil Litigation

Based on anti-suit injunction,this article uses different methods of analysis,discussing the origin of anti-suit injunction in international civil litigation,the concept of anti-suit injunction and the application of anti-suit injunction in international civil litigation.Combined with the United States,Germany,the European Union,and China's response to cases of the practice of anti-suit injun ction,this paper analyzes the position that our country should take in order to cope with anti-suit injunction and discusses the feasibility and problems of the existing system of countervailing anti-suit injunction in China.The corresponding improvement measures are put forward to explore the reasonable ways for China to deal with the anti-suit injunction.Thus,Chinese courts and related parties now basically have no alternative but to passively defend the anti-suit injunction.However,it is obvious that the aforementioned measures could not meet the demand of the related parties.How to cope with the anti-suit injunction have become more and more important for Chinese merchant,especially against the backdrop of One Belt One Road.It is a great honor for me to have the opportunity to discuss this topic in my dissertation,and it would appreciate if this dissertation could inspire anyone who endeavors to handle anti-suit injunctions.The first chapter in this dissertation is mainly about the concept and fundamental issues in respect of anti-suit injunctions.At the top of the pile of papers,scholars'opinions are quoted and carefully compared to figure the most precise concept for the anti-suit injunction.Secondly,the development history of the institution is reviewed in the essay.And eventually,the discussion put forward and to analyze the application of the system in Britain and America.The second chapter is about how to cope with anti-suit injunction,especially in Britain,America,German,European Union and China.It aims to summarize the most efficient ways in the world in this regard.On this basic,the article try to clarify the legal dilemma which confronted by China.With the existing cases,the next Chapter is going to find the pros and cons of the prevailing legal system in China.The third chapter introduces the existing legal system of replying anti-suit injunction which is made by foreign court and the problems arising from the anti-suit injunction.At present,China's existing systems to deal with anti-suit injunction mainly include maritime injunction,act preservation and international convention international convention on international civil and commercial jurisdiction.However,there will still be specific problems in the response process.The fourth chapter is mainly based on the third chapter——China's existing legal system to deal with anti-suit injunction putting forward measures to improve China's response to anti-suit injunction.First of all,this paper makes an objection to put in anti-suit injunction and pointing out that the transplantation of anti-suit injunction shall be prudently adopted by the Chinese legal system.Secondly,from the perspective of dealing with anti-suit injunction,put' forward the idea of perfecting the maritime injunction system and the civil act preservation system in China.Finally,the country should actively conclude bilateral treaties and service of injunction and the parties in our country should attach importance to the arbitration agreement and choice of court agreement.This paper puts forward some suggestions on how to deal with the anti-suit injunction of foreign courts in the future.