|II Forum non conveniens177|
|III Lis pendens180|
|IV Jurisdiction clauses in favour of a foreign court183|
|V Arbitration clauses185|
|VI Impossibility of obtaining an injunction to stop proceedings started abroad186|
The theme approached herein is disconcerting for any French lawyer: a priori, the French legal system determines whether the judge has jurisdiction or not. If he has jurisdiction, he must rule and cannot 'decline to exercise his jurisdiction'.1 The expression forum non conveniens is extraneous to the French legal system; however, the latter knows about exceptions de litispendance (pleas of lis pendens) and connexité2 (related actions), both of which provide almost the only bases whereby the court may decide not to proceed with the case. It will be seen, though, that the plea is the object of definite conditions in domestic and private international law.____________________
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Publication information: 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: 175.