An Empirical Study On The Extraterritorial Effect Of Anti-suit Injunctions

International civil and commercial exchanges are increasingly frequent,and consequently,international civil and commercial disputes are increasing rapidly.On the one hand,countries have adopted various methods to expand their jurisdiction,and on the other hand,parties to international civil and commercial disputes have weighed various aspects to practice “forum shopping”,which has led to the result of cross-jurisdiction and international parallel litigation.Anti-suit injunctions are a weapon for the common law countries to deal with parallel litigation.In recent years,more and more Chinese parties have received anti-suit injunctions issued by foreign courts.How to deal with anti-suit injunctions has become an increasingly important issue.The author believes that the premise of how to deal with an anti-suit injunction is to be able to correctly judge the extraterritorial effect of the anti-suit injunction.Therefore,this article conducts a positive analysis of the extraterritorial effect of the anti-suit injunction from the perspective of the court and the parties.From the perspective of the courts of various countries,the author analyzed the effectiveness of the anti-suit injunction in the European Union,Britain,the United States,Germany,France,and China.It can be found that most countries generally deny its effectiveness on the grounds that it interferes with the jurisdiction of its courts and violates its public order policy.Even if a few countries recognize the anti-suit injunction of a foreign court,it is based on the consideration of maintaining the superior status of international commercial arbitration in the world.From the perspective of the parties,the parties can be divided into two categories: natural person,legal person and sovereign states.If the parties are natural or legal person,the anti-suit injunction is effective regardless of whether it is executed or not.However,whether the anti-suit injunction is effective for a third party outside the contract depends on the judge's discretion.When a party is a sovereign state,unless the sovereign state and its agents voluntarily waive jurisdictional immunity,the effectiveness of the anti-suit injunction is basically negligible,but it does not mean that issuing an anti-suit injunction to a sovereign state has no meaning at all.Therefore,as to how to deal with the anti-suit injunction,since China allows the existence of " parallel litigation " in civil and commercial cases with foreign elements,and China has no obligation to recognize and enforce judgments of foreign courts,the author believes that it depends more on the choice of the parties.The author believes that the Chinese party may choose to appeal,intended to make the court withdraw the anti-suit injunction,or request the Chinese authorities to not assist in delivery or the party refuse to sign the injunction,or apply to the maritime court for a maritime injunction,or ignore the injunction issued by a foreign court,or choose to comply with the anti-suit injunction to effectively protect their own interests.