Research On The Anti-suit Injunction System In International Commercial Arbitration

International commercial arbitration is based on the characteristics of convenience and fairness,more and more parties choose,in order to avoid parties violating the arbitration agreement to file lawsuits in the courts of other countries,anti-suit injunctions are increasingly applied to the field of international commercial arbitration,represented by the United Kingdom and the United States,anti-suit injunctions have become a major tool to resolve conflicts between arbitration and litigation jurisdiction.In the course of international interactions,Chinese parties have also faced anti-suit injunctions issued by foreign courts,but China has not yet clearly established a anti-suit injunction system.Therefore,the author hopes to determine the subject and conditions for the issuance of anti-suit injunctions in this article,and make suggestions for the construction of an anti-suit injunction system in the field of international commercial arbitration in China.There are three main forms of anti-suit injunctions in international commercial arbitration: anti-suit injunctions issued by courts in support of arbitration,anti-arbitration injunctions issued by courts obstructing arbitration,and anti-suit injunctions issued by arbitral tribunals in support of arbitration.At present,there is no consensus on the right of courts and arbitral tribunals to issue them,this paper discusses the reasonableness of courts and arbitral tribunals as issuing entities,clarifies that courts and arbitral tribunals should be the issuing entities in the construction of the anti-suit injunction system in China’s international commercial arbitration,and at the same time,this paper explains the conditions that should be considered for issuing the above three forms of anti-suit injunctions.In the last part of this article,the pen analyzes the necessity and feasibility of constructing an anti-suit injunction system in China’s international commercial affairs,and puts forward shallow suggestions for the specific construction of the anti-suit injunction system.