China’s anti-suit injunctions in standard essential patent litigation: territoriality and implications for the future of international dispute resolution

Abstract

This thesis is focused on the legality and geopolitical implications of ASIs issued by national courts in China, in disputes with foreign elements. With the EU having initiated a dispute against China regarding the alleged incompliance of these recent ASI practices with China’s obligations arising from its WTO membership, as well as the TRIPS agreement in particular, China’s ASIs prove particularly controversial. Regardless, however, this development in Chinese case law highlights an objective need to devise a solution to the detriments of parallel litigation in SEP disputes. Hence, the arbitration of particular SEP-related disputes is introduced as a viable alternative to dispute resolution before national courts.