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

4 Belgium
MARC FALLON Professor, Faculté de Droit, Université catholique de Louvain
CONTENTS
I Introduction99
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
VI Conclusion118

I INTRODUCTION

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'1

____________________
1
A French term could be For inapproprié. On this issue, see e.g. Fallon, [ 1988] Rev. Trim. Dr. Fam.125-8; Gaudemet-Tallon, [ 1991] Rev. Crit. Dr. Int. Pr.491-524.

-99-

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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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