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
Save to active project

6 Canada (Quebec)
GERALD GOLDSTEINProfessor, Faculty of Law, University of Montreal*
CONTENTS
I Introductio146
II Forum non conveniens146
1. Existence of a doctrine of forum non conveniens146
2. Origins of the doctrine of forum non conveniens148
3. Functions of the doctrine of forum non conveniens151
4. Determining the appropriate forum153
5. Other functional equivalents to forum non conveniens155
6. Discretionary power to dismiss actions and mandatory or exclusive bases of jurisdiction 156
III Lis alibi pendens157
1. Existence of the doctrine157
2. What are the determining considerations to stay an action in cases of lis pendens?158
3. How are these considerations different from those employed under the doctrine of forum non conveniens?161
4. Discretionary power or mechanical rule to decline jurisdiction in cases of lis pendens?162
5. Specific provisions contained in bilateral treaties?162
6. Other rules dealing with cases that do not fit within the definition of lis pendens163
IV Foreign choice of jurisdiction clauses and arbitration agreements163
V Rules on restraining foreign proceedings165
VI Conclusion168
____________________
*
The author wishes to thank Me Betty Coups, of the Bar of Montreal, for her very able and valuable help in editing the text. He also wishes to express his gratitude to his colleague Jean-Maurice Brissen, of the Faculty of Law ( University of Montreal), for his encouragement and his precious help gained in discussing some questions encompassed in this chapter.

-145-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

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

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 450

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?