Lis Pendens in UK Law
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High Court Considers When Recast Brussels Regulation Continues To Apply In Transitional Cases
... ... The decision confirms that, pursuant to article 67 of the EU-UK ... Withdrawal Agreement, the "lis pendens" provisions in the ... recast Brussels Regulation continue to apply in the UK where ... proceedings were started in an EU member state before the end ... ...
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Swedish Court of Appeal Upholds Conflicting Award in Parallel BIT Arbitration Proceedings
... ... the Tribunal had lacked jurisdiction due to lis pendens and res judicata ... Since the seat of the arbitration had been Stockholm, the Swedish Court of Appeal decided that the Award should be ... ...
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Third State jurisdiction clause respected – Owusu considered
To what extent, if at all, does the English court have discretion to decline jurisdiction over proceedings commenced on the basis of domicile of the defendant, if the appropriate forum is a third s...... ... to stay its proceedings on forum non conveniens grounds and that, moreover, exclusive jurisdiction clauses and the principle of lis abibi pendens are no more than constituent factors in the wider principle of forum non conveniens. Plaza argued that, notwithstanding the exclusive Australian ... ...
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The Recast Brussels Regulation: Enhancing The Effectiveness Of Jurisdiction Agreements
... ... The strategy is aimed at delay and obstruction, and at taking advantage of the strictly applied lis pendens rule in Article 27. In Research in Motion v. Visto Corporation [2008] EWCA Civ153, the Court of Appeal noted that: ... "much ingenuity is expended ... ...
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Don't Let Your Opted-Out European Patent Be Torpedoed
... ... a request for the declaration to extend also to the corresponding ... German patent and, by virtue of the lis pendens rule of ... Brussels Convention2, the Italian court becomes the court ... "first seised" with the action and has exclusive ... jurisdiction - i.e. to ... ...
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Jurisdiction After Exit Day: What Does The Draft Withdrawal Agreement Tell Us?
... ... Those Articles contain some of the Brussels Recast's lis pendens provisions, in particular involving (i) same cause of action, same parties (Article 29), (ii) related actions (Article 30); and (iii) exclusive ... ...
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Brussels Regulation Prevails Over Carriage Convention
... ... TNT objected to the Munich proceedings on the basis that there was already a pending law suit in Rotterdam ("lis pendens"). However, the Munich court rejected TNT's argument, stating that the claim for compensation in Munich, and the application for a declaration on the ... ...
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European Parliament Recommends that the Effect of the 'FRONT COMOR' be Reversed
... ... 12 of the Resolution proposes that the court designated in the agreement would no longer be obliged to stay its proceedings under the lis pendens rules which it is currently required to do following the decision of the ECJ in Erich Gasser G.m.b.H v MISAT Srl ... The Resolution also deals ... ...
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Asymmetric jurisdiction clauses protected by Brussels Recast anti-torpedo rules
In a helpful decision for financial institutions, the High Court has held in Commerzbank Aktiengesellschaft v Liquimar Tankers Management Inc [2017] EWHC 161 (Comm) that an asymmetric (or ‘hybrid’)...... ... Under the old Brussels Regulation the second court seised always had to stay proceedings in accordance with the related actions (or lis pendens) rules. Article 31(2) of the Brussels Recast introduced a carve-out to the related actions rules to restrict the use of the ‘Italian torpedo’ ... ...
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Revising Brussels I: An Overview of the Commission's Proposal
... ... The proposal also introduces a discretionary lis pendens rule for disputes on the same subject matter and between the same parties which are pending before the court of a Member State and the court of a ... ...
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