Declining Jurisdiction in Private International Law: Reports to the XIVth Congress of the International Academy of Comparative Law, Athens, August 1994

By J. J. Fawcett; International Congress of Comparative Law | Go to book overview

Preface

This book contains the General Report and the National Reports on the topic of 'Rules for Declining to Exercise Jurisdiction in Civil and Commercial Matters: Forum Non Conveniens, Lis Pendens, and Other Rules'. These Reports were written for the XIVth Congress of the International Academy of Comparative Law, held in Athens, Greece, in August 1994.

National Reports were submitted prior to the Congress in relation to the following eighteen law districts: Argentina, Australia, Belgium, Canada (common law jurisdictions), Finland, France, Germany, Great Britain, Greece, Israel, Italy, Japan, The Netherlands, New Zealand, the province of Quebec, Sweden, Switzerland, the USA. The National Reporters had previously been sent a questionnaire (see the Appendix) which sets out the issues that they might be expected to address in relation to declining jurisdiction. The General Report is based on the National Reports, and draws together themes that emerge from these Reports. A few of the Reports have been published elsewhere. However, putting together the General Report and all the National Reports in one thematic book is designed to provide a unique insight into the topic of 'Declining Jurisdiction'. Moreover, this book contains the latest version of the Reports, taking into account discussion at the Athens Congress and developments in the law up to 1 September 1994.

By and large, National Reports have not been amended for the purposes of inclusion in this book. A uniform system of headings and sub-headings has been introduced and, in a few places, I have corrected the English. The Belgian and French Reports were originally submitted in French. However, the Reporters and the International Academy of Comparative Law have kindly agreed to an English translation appearing in this book.

Finally, I would like to express my gratitude to the International Academy of Comparative Law, without whose work this book would not have been possible.

Leicester, October 1994 J.J. PAWCETT

-vii-

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Declining Jurisdiction in Private International Law: Reports to the XIVth Congress of the International Academy of Comparative Law, Athens, August 1994
Table of contents

Table of contents

  • Title Page iii
  • General Editor's Preface v
  • Preface vii
  • Contents ix
  • Table of Cases xi
  • Table of Legislation xxxviii
  • Table of Conventions and Treaties lv
  • 1 - General Report 1
  • 2 - Argentina 71
  • 3 - Australia 79
  • 4 - Belgium 99
  • 5 - Canada (common Law Jurisdictions) 121
  • 6 - Canada (quebec) 145
  • 7 - Finland 169
  • 8 - France 175
  • 9 - Germany 189
  • 10 - Great Britain 207
  • 11 - Greece 235
  • 12 - Israel 259
  • 13 - Italy 279
  • 14 - Japan 303
  • 15 - The Netherlands 321
  • 16 - New Zealand 341
  • 17 - Sweden 371
  • 18 - Switzerland 381
  • 19 - United States of America 401
  • Appendix Questionnaire 429
  • Index 433
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