Fang Zhao, Jing Liu and Xueyu Yang of Hui Zhong Law Firm discuss the status of interim injunctions under PRC law
Court injunctions originated as a common law concept, which takes its name from the Latin word to enjoin or to impose. The glossary of the UK White Book defines it as: ‘A court order prohibiting a person from doing or requiring a person to do something.’ In its interim form, an injunction constitutes one of a number of remedies available to a litigant in the course of litigation, a procedure which enables a party to apply to the court for temporary measures against the other party in advance of a final judgment. If and when granted, an interim injunction will have a mandatory effect, requiring the respondent to take or refrain from taking such actions as are stipulated in the court order. An interim injunction is generally regarded as a powerful tool in civil litigation proceedings since it substantially impacts on the rights and obligations of the parties prior to substantive resolution of the dispute. As such, it acts as a strong incentive for early settlement.
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