The Anti-suit Injunction System In International Parallel Litigation

In the proceeding of the international civil activities,the international parallel litigation is usually the key hinder when the parties deal with their dispute.The parallel litigation may leads to the reduction of the efficiency of the litigation and the waste of the legal resources.And it will also bring lots of litigation stress to the corporation and even disturb the international judicial cooperation.In order to resolve the international parallel litigation effectively,the Anglo-American relation creates the anti-suit injunction to deal with this problem.With the improvement of the level of the reform and opening-up policy,the Chinese enterprises are trying to enlarge their investment in other countries and expand the scale of the operation and production activities.However,Chinese enterprises are confronted with the challenges of parallel litigation and the anti-suit injunction which is signed by the foreign court.Although Chinese enterprises are faced with the legal dilemma caused by the anti-suit injunctions issued by the foreign courts,the current legal system in our country cannot offer effective protection for our enterprises.It is difficult for enterprises to use the current legal rules to protect their legitimate interests.And our jurisdiction will be subject to the adverse effects caused by the anti-suit injunction.Therefore,this article will focus on the analysis of Anglo-American legal system and further explore whether the anti-suit injunction can be introduced into China as well as how our enterprises could deal with the anti-suit injunction issued by the foreign court effectively.The author intends to analyze the above problems and help our country finding measures to deal with the anti-suit injunction issued by the foreign courts from the national level and the enterprise level and ensuring that our parties in the process of international parallel litigation will be able to occupy a favorable position.The first chapter mainly makes a general description of the anti-suit injunction with respect of its contents,basic characteristics,historical origin and the current application of the anti-suit injunction in the international parallel litigation.Firstly,we will check the basic definitions of the anti-suit injunction for the purpose of learning its overall meaning.Secondly,we will introduce the whole history of this legal rule and find the relation between such rule and the Civil Law System.Finally,we will study about the current application of the anti-suit injunction in the international parallel litigation and its important effect.The second chapter will introduce the main application methods of the anti-suit injunction in the international parallel litigation by showing the legal system of the British,the USA,the EU and the relation between the anti-suit injunction and the international treaties.This article will introduce the current tendency of the anti-suit injunction in the above countries so that we can lay the theoretical foundation and practical basis for studying whether we should introduce this legal rule into China and how our enterprises could avoid the unfavorable situation in the international parallel litigation.The third chapter mainly introduces how to solve the current problems in international parallel litigation according to the Chinese legal system as of the date hereof.Based on the existing legal system in our country,the author analyzes the actual value of the system of the anti-suit injunction in the international parallel litigation and whether such system is suitable for the present situation of Chinese law and judicial practice in terms of the necessity and feasibility.On the basis of the above analysis,we may draw the conclusion that the principle of international comity is being paid much more attention by the countries at this age.The system of the anti-suit injunction is likely to harm the jurisdiction of other countries.The application of parallel litigation is strictly limited and even if the system is introduced into China,its actual effect in judicial practice is quite limited.Further,the system may not be suitable with our current legal system,thus it may causing many problems.All in all,the system of the anti-suit injunction violates the trend of the international private law and it is not suitable with our current legal system,and its practical effect is quite limited,thus our country should not introduce the prohibition system into our current law system.The fourth chapter will introduce two typical cases to illustrate the current situation of China's international parallel litigation disputes.Under the international parallel litigation,the main arbitration agreement or court choice agreement is often unfavorable to our country.The assets are often vulnerable under the adverse effects of the system of the anti-suit injunction.During the process of the international parallel,the foreign courts often advocate their own jurisdiction to our enterprises.In addition,China lacks effective counter measures to deal with the anti-suit injunction issued by the courts.After analyzing the dilemma of Chinese enterprises in international parallel litigation,this article explores what measures should be taken to overcome the challenge of the anti-suit injunction from the national and enterprise levels.From the national level,first of all,China should cooperate with the major trading countries in the field of justice through the bilateral treaties and try to establish a parallel litigation dispute resolution mechanism;Secondly,sometimes the foreign court issued the anti-suit injunction may file an application to our courts for recognition and enforcement.Therefore,in this case,our courts can analyze the specific cases and decide whether to recognize and enforce the anti-suit injunction issued by foreign courts.Moreover,China should improve the relevant legal systems of international arbitration and strengthen the international arbitration institutions.This will encourage the parties to choose our international arbitration institutions as the arbitration institutions under the contracts and this will avoid the adverse influence of the anti-suit injunction.Finally,our courts can also claim that the anti-suit injunction violates our public policy and refused to serve the indictment.In the case of an enterprise,the enterprise itself should focus on the role of the arbitration agreement and the court choose agreement and try to avoid the legal or arbitration rules that are not applicable in the dispute settlement clause.In the process of commercial negotiation,the dispute settlement clause in the contract should be more favorable to us and the dispute settlement clause should be regarded as an important part of the negotiation.In addition,the enterprises of our country may choose to respond to the foreign court and file an appeal to cancel the corresponding injunction.Thus the qualified enterprises can consider a positive response to the foreign court proceedings.Finally,if an enterprise does not have property or personnel in the foreign country and is not planned to conduct commercial activities in the future,the enterprise may choose to refuse to comply with the requirements of the anti-suit injunction.However,the company needs to think carefully before such decision is made.Firstly,the author holds a negative view in term of whether China should introduce the anti-suit injunction to solve the dilemma in international parallel litigation.The system of the anti-suit injunction has lagged behind the development trend of private international law and the practical value of this system is relatively limited.In terms of how to deal with the anti-suit injunction issued by the foreign court on the basis of our legal system,the author offers the measures to solve the problem through the national and enterprise level and help our enterprises occupying the favorable position in the international parallel litigation as well as providing the related law for the enterprises to participate in the international civil and commercial activities.For a long time,the discussion of the issuance of the anti-suit injunction has focused on the question of whether this system should be introduced into China to solve the problems in international parallel litigation.However,there is less research on what kind of measures have been taken to deal with the anti-suit injunction issued by foreign courts.Nowadays,we should focus on how to deal with the foreign court's anti-suit injunction for the development of China and our enterprise.