Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Rules for Declining to Exercise Jurisdiction in Civil and Commercial Matters: Forum Non Conveniens, Lis Pendens

Rules for Declining to Exercise Jurisdiction in Civil and Commercial Matters: Forum Non... TOPIC II.C.l LOUIS F. DEL DUCA & GEORGE A. ZAPHIRIOU Rule s for Declining to Exercise Jurisdiction in Civil an d Commercial Matters: Forum Non Conveniens, Lis Pendens This article concerns th e difficulties tha t arise whe n courts i n dif­ ferent territorial unit s assume or are about to assume jurisdictio n to deal with the same matte r between the same parties. Conflicts, or in any case costly duplication, between the two proceedings are avoided when one of th e multiple courts assumes jurisdictio n while th e other court stays or dismisses th e same case. Ideally, th e noncon- venient jurisdictions will dismiss th e case in favor of th e most conve­ nient forum. The factors which determine when a forum is not convenient are analyzed in Part I of this article. When no court is prepared to decline jurisdictio n by invoking th e doctrine of forum non conveniens, and two or more courts proceed to judgement indepen­ dently, we are faced by a lis alibi pendens situation (hereinafter re­ ferred to as lis pendens. Lis pendens will be dealt with in Par t II of this article. I. FORUM NO http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Rules for Declining to Exercise Jurisdiction in Civil and Commercial Matters: Forum Non Conveniens, Lis Pendens

Loading next page...
 
/lp/oxford-university-press/rules-for-declining-to-exercise-jurisdiction-in-civil-and-commercial-93Kwpa58BQ

References (0)

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Oxford University Press
Copyright
© 1994 The American Society of Comparative Law
ISSN
0002-919X
eISSN
2326-9197
DOI
10.1093/ajcl/42.suppl1.245
Publisher site
See Article on Publisher Site

Abstract

TOPIC II.C.l LOUIS F. DEL DUCA & GEORGE A. ZAPHIRIOU Rule s for Declining to Exercise Jurisdiction in Civil an d Commercial Matters: Forum Non Conveniens, Lis Pendens This article concerns th e difficulties tha t arise whe n courts i n dif­ ferent territorial unit s assume or are about to assume jurisdictio n to deal with the same matte r between the same parties. Conflicts, or in any case costly duplication, between the two proceedings are avoided when one of th e multiple courts assumes jurisdictio n while th e other court stays or dismisses th e same case. Ideally, th e noncon- venient jurisdictions will dismiss th e case in favor of th e most conve­ nient forum. The factors which determine when a forum is not convenient are analyzed in Part I of this article. When no court is prepared to decline jurisdictio n by invoking th e doctrine of forum non conveniens, and two or more courts proceed to judgement indepen­ dently, we are faced by a lis alibi pendens situation (hereinafter re­ ferred to as lis pendens. Lis pendens will be dealt with in Par t II of this article. I. FORUM NO

Journal

American Journal of Comparative LawOxford University Press

Published: Dec 1, 1994

There are no references for this article.