With the development of international economy and trade,the an-ti-suit injunction system has been gradually established in the international commer-cial dispute resolution system.Some international commercial arbitral tribunals have issued anti-suit injunctions in practice.Related international conventions,arbitration rules and the domestic laws of some countries provide the legal basis for the arbi-tral tribunals to issue anti-suit injunctions.Anti-suit injunctions issued by arbitral tri-bunals can regulate the parties'abuse of litigation rights,inhibit parallel litigation,and safeguard the legitimate rights and interests of the parties.Thus it is legitimate and feasible.It is necessary for China to establish the system of issuing anti-suit injunctions by the arbitral tribunals.On the basis of adhering to the principle of re-specting the judicial sovereignty of other countries and international comity,the prin-ciple of fairness and efficiency and the principle of interests balancing,combined with relevant international conventions and arbitration rules,and with reference to the specific legal practice in China,the conditions for the issuing of anti-suit injunc-tions by arbitral tribunals should be stipulated.The system of issuing anti-suit in-junctions by arbitral tribunals should be gradually established based on the Civil Procedure Law and the Arbitration Law,as well as the coordination between the in-ternational and domestic law.
关键词
国际商事仲裁/仲裁庭签发的禁诉令/司法主权/国际礼让
Key words
international commercial arbitration/anti-suit injunction issued by arbitral tribunals/judicial sovereignty/international comity
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