Description

An Anti‐suit injunction is an order issued by a court or arbitral tribunal that prevents an opposing party from commencing or continuing a proceeding in another jurisdiction or forum. It is a discretionary remedy in common law jurisdictions such as England, Hong Kong, and Singapore. An anti‐suit injunction may be granted where the commencement of foreign proceedings, e.g. Chinese proceedings, would breach a contract between the parties in which there is a valid exclusive jurisdiction clause or arbitration clause.

This seminar will examine how Chinese litigants can obtain advantages by bringing proceedings in Chinese courts when there is an agreement to foreign jurisdiction or arbitration. Where an anti‐suit injunction is directed against Chinese litigants rather than Chinese courts, a breach of the anti‐suit injunction amounts to a contempt of court and could lead to a fine or even the arrest of Chinese litigants. This seminar will discuss the possible reactions of Chinese litigants facing a foreign anti‐suit injunction, namely opposing the grant of an anti‐suit injunction or ignoring it, and how this issue causes other legal difficulties, such as parallel proceedings.

About The Speaker

Dr Zhao Liang is an Assistant Professor in the School of Law at City University of Hong Kong. He obtained his PhD degree at the University of Hong Kong, LLM degree at Southampton University and LLB degree at Dalian Maritime University, China. He was a Visiting Scholar of the United Nations Commission on International Trade Law in 2008 and was also a speaker at the Global Shipping Law Forum 2015, “Indemnities and Guarantees in Maritime”, hosted by CML.

Dr Zhao has published academic papers in reputable journals, including Journal of Business Law, Lloyd’s Maritime & Commercial Law Quarterly, Journal of International Maritime Law, Tsinghua China Law Review, etc. He is the author of Chapter 3, “Ship Finance”, in Maritime Law and Practice in Hong Kong (Sweet & Maxwell, 2015) and co‐author of Chinese Maritime Law and Practice, to be published by Informa Law‐Routledge in 2016/2017. He is a member of Hong Kong Maritime Law Association, Hong Kong Insurance Law Association, and China Maritime Law Association.

Who Should Attend

Lawyers, In‐house counsel, banking and trade finance professionals, shipping professionals, legal officers working in the maritime industry, commercial trade and insurance.