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
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5 Canada (Common Law Jurisdictions)
JOOST BLOM Professor, Faculty of Law, University of British Columbia
CONTENTS
I Introduction: Bases for jurisdiction121
II Grounds for declining jurisdiction124
1. Forum non conveniens124
2. Lis alibi pendens135
3. Choice of judicial forum and arbitration clauses137
III Enjoining foreign legal proceedings140
IV Recognition and enforcement of foreign judgments: the foreign court as forum non conveniens142
V Conclusion144

I INTRODUCTION: BASES FOR JURISDICTION

This chapter concerns the rules for declining jurisdiction as applied in the common law jurisdictions of Canada, that is, the twelve Canadian court systems whose law is derived from English law. These include the courts of the nine provinces other than Quebec, the courts of the Yukon and Northwest Territories, and the Federal Court of Canada.

The rules for declining jurisdiction must be seen in the context of the rules determining when a court may take jurisdiction. As under English law (leaving aside the changes made by European Community law), the grounds for jurisdiction are implicit in the rules for service of process. In Canada these are contained in the rules of court of each province and territory, and the Federal Court Rules. The relevant provisions differ considerably from each other as well as from their English

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