Examining the Possibility of Issuing Anti-Suit Injunctions in the EU, Chinese, and Iranian Law

Anti-suit injunction is a traditional common law instrument that aims to restrain one of the disputing parties from instituting or continuing proceedings in a foreign court. Although an anti‐suit injunction is directed against the plaintiff, not against the foreign court, civil law countries hold a skeptical view towards anti-suit injunctions as such injunctions intervene in another state’s sovereignty and breach the international comity. This study aims to examine the possibility of issuing anti-suit injunction in the EU, Chinese, and Iranian law. The study contends that under the EU law, the courts of EU member states are prohibited from issuing anti-suit injunctions against a plaintiff in the courts of another EU member state. On the other hand, the EU law does not prevent the courts of EU member states from issuing anti-suit injunctions against a plaintiff in the courts of a third country when they have the power to do so under their national laws. In China, the Chinese courts do not have the power to grant anti-suit injunctions. However, recently, some Chinese courts have issued anti-suit injunctions against plaintiffs in foreign fora. In Iran, the Iranian courts can also issue an anti-suit injunction against a plaintiff in a foreign forum under some circumstances.