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Generally speaking, in order to enjoin a litigant from pursuing any related proceedings, the court may issue anti-suit injunction under the following circumstance, which include: (1) the litigant suing in a non-agreement court by violating the exclusive court choice agreement or the arbitration agreement; (2) the proceedings obviously violating the important public policy of the country accepting the injunction application; (3) existing vexing or oppressing or unconscionable situation; (4) the high necessity of protecting the jurisdiction of the country accepting the injunction application.
The examining court would specially considers the following factors: (1) the identities or similarities of litigants and issues of several legal proceedings; (2) the sequence of several legal proceedings and their progress; (3) the balance of convenience and advantages of applicant; (4) the availability of interests for the country accepting the injunction application by issuing the injunction.
When a party disobeys the anti-suit injunction, the court issuing the injunction will usually regard such disobedience as contempt of court. In order to force the offending party to comply with the court’s injunction, the court can award sanctions such as damages, fines or imprisonment, and can also refuse to recognize or enforce any foreign judgment obtained by defiance of the injunction.
China should research and learn from the foreign anti-suit injunction systems, and establish our own anti-suit injunction system.
【关键词】禁诉令；挑选法院；平行诉讼；礼让；藐视法庭
【全文】
目 录
引言
1 概述
1.1 禁诉令的概念和特征
1.1.1 禁诉令的概念
1.1.2 禁诉令的特征
1.2 禁诉令的历史起源
1.2.1 禁诉令在国内诉讼中的运用
1.2.2 禁诉令在国际诉讼中的运用
2 英国的禁诉令制度
2.1 导论
2.2 对被申请人的属人管辖权
2.2.1 属人管辖权和布鲁塞尔规则I
2.2.2 除布鲁塞尔规则I之外的属人管辖权
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