Lis Pendens in UK Law
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Andrew Dickinson and Eva Lein, The Brussels I Regulation Recast
... ... conclusion that the Brussels I Recast does not solve the problem of parallel court/arbitration proceedings since there is no uniform EU lis pendens rule that may be applied to prevent parallel proceedings (87). However, the commentary on the issues relating to the arbitration exclusion is quite ... ...
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Conflicts of Procedure between Courts and Arbitral Tribunals with Particular Reference to the Right of Access to Court
... ... McLachlan has envisioned 2 2 C. McLachlan, Lis Pendens in International Litigation , Hague Academy of International Law (2009), p. 89. a ‘new science of conflict of litigation’ to better manage such ... ...
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Parallel Proceedings in Investor‐State Treaty Arbitration: Responses for Treaty‐Drafters, Arbitrators and Parties
Parallel investment treaty arbitrations present a demonstrated risk of inconsistent awards. This article examines several ameliorative responses to parallel investment treaty proceedings, executabl...... ... See A. Reinisch,‘The Use and Limits of Re s Judicata and Lis Pendens as Procedural Toolsto Avoid Con£icting Dispute Settlement Outcomes ’ ( 2004) 3 The Law and Practiceof Internatio nal Courts andTri bunals ... ...
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Ulrich Magnus and Peter Mankowski (eds), European Commentaries on Private International Law: Volume 1 Brussels Ibis Regulation
... ... the effect of exclusive choice of court agreements, issues of priority/lis pendens concerning litigation before EU courts, and the nature and meaning of the exclusion of arbitration from the material scope of the Regulation. The ... ...
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Gerry Maher and Barry J Rodger, CIVIL JURISDICTION IN THE SCOTTISH COURTS Edinburgh: W Green (www.wgreen.co.uk), 2010. liv +418 pp. ISBN 9780414013681. £140.
... ... of prorogation, and submission to jurisdiction, under the heading of “Extending Jurisdiction”, and likewise of the concepts of lis pendens and forum non conveniens in the chapter entitled “Excluding Jurisdiction”, continues the clear and straight-forward structure adopted in the ... ...
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BRUSSELS I REGULATION. Eds Ulrich Magnus and Peter Mankowski Munich: Sellier (www.sellier.de), 2012. xxvii + 972 pp. ISBN 9783866538894. €250.
... ... It will quickly be out of date on arbitration, choice of court, lis pendens and recognition and enforcement of judgments, and will leave the reader with a number of false trails ... ...
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The HCCH Judgments Convention in Australian Law
In May 2018, the Hague Conference on Private International Law (‘HCCH’) produced a draft convention for the recognition and enforcement of foreign judgments. A Diplomatic Session of the HCCH is exp...... ... Inconsistent Judgments and Lis Pendens. Articles 7(1)(e), (f) and 7(2) of the Judgments Convention 128 reflect the lis pendens principle, under which an Australian court will stay ... ...
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The Hague Convention on Jurisdiction and Judgments: The Way Forward
This article analyses the proposed Hague Convention on Jurisdiction and Judgments, which has been the subject of lengthy and ongoing negotiations. The issues that continue to divide the parties cen...... ... It contains a strict and inflexible lis pendens rule based on the court which is first seized of a matter. It precludes any court from exercising jurisdiction against a defendant domiciled in a ... ...
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Recent Legal Developments
... ... and this wi ll lead to parallel l itigation and potentially conict ing decisions, unless the th ird country’s law has a lis pendens ru le for this situation. e extension of the Regulation to th ird country situations and conic ts therefore seems to entail problems in terms ... ...
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Parallel Proceedings in Germany: Problems and Solutions
This paper examines the problems of parallel proceedings against financial intermediaries, and the solutions offered by German law. The first part identifies the practical problems and principal qu...... ... Whereas parallel proceedings of the same kind and on the same subject matter are barred by virtue of the rules of lis pendens, and res judicata, respectively, proceedings of a different kind can run parallel. Nevertheless, even if they have different purposes, multiple ... ...
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