Belgium MARC FALLON Professor, Faculté de Droit, Université catholique de Louvain
|II International jurisdiction in general101|
|1. Contentious issues101|
|2. Non-contentious issues106|
|III Lis alibi pendens in an international case107|
|1. Lis alibi pendens in the treaties107|
|2. Lis alibi pendens under domestic law109|
|IV Foreign choice of jurisdiction clauses110|
|1. The effect of the ultra petita principle111|
|2. Evaluation of the admissibility of the clause112|
|Restraining foreign proceedings115|
|1. Control of the jurisdiction of the court of the State of origin115|
|2. Restraining the injunction power116|
This chapter aims to determine whether the so-called doctrine of forum
non conveniens, as applied in certain countries following the common law
tradition, is to be found in Belgian private international law. In practical
terms, this technique allows a judge to dismiss an action when it is considered more appropriate that a judge from another State should hear the
case. One notes that the theory has an essentially negative effect, since it
seeks to isolate the cases where the national court is 'not convenient'____________________
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: Declining Jurisdiction in Private International Law:Reports to the XIVth Congress of the International Academy of Comparative Law, Athens, August 1994.
Contributors: J. J. Fawcett - Author, International Congress of Comparative Law - OrganizationName.
Publisher: Oxford University.
Place of publication: Oxford, England.
Publication year: 1995.
Page number: 99.
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