Italy NICOLO TROCKER Professor, Dipartimento di diritto comparato, Università degli Studie di Firenze
|I Introduction: the problem of parallel proceedings279|
|II Lis pendens in domestic law281|
|III Lis pendens in international relations284|
|1. The traditional rule of non-recognition of foreign is pendens284|
|2. Domestic lis pendens as a bar to recognition of foreign judgments287|
|3. Foreign lis pendens under bilateral conventions287|
|4. Recognition of foreign lis pendens: time factor or proper court?289|
|5. Lis pendens and the Brussels Convention: the principle of identity
|IV Lis pendens, lack of jurisdiction to adjudicate,
and forum-selection agreements294|
|1. Lis pendens and forum-selection agreements: a preliminary
|2. The effect of forum-selection agreements: the traditional
restrictive attitude of Italian law295|
|3. Forum-selection agreements and their ousting effect: the impact
of international conventions296|
|4. Arbitration clauses as a bar to the exercise of national jurisdiction297|
|V Certainty versus flexibility: jurisdiction to adjudicate,
lis pendens, and forum non conveniens299|
THE PROBLEM OF PARALLEL PROCEEDINGS
Expansive contemporary notions of jurisdiction, both to prescribe and to
adjudicate, often make it possible for the courts of more than one country
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: 279.
This material is protected by copyright and, with the exception of fair use, may
not be further copied, distributed or transmitted in any form or by any means.