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

2 Argentina
MAUREEN WILLIAMS Professor of Law, University of Buenos Aires*
CONTENTS
I Forum Non Conveniens71
1. Is there a doctrine of forum non conveniens?71
2. Why there is no doctrine of forum non conveniens72
3. Other procedural mechanisms72
4. A flexible position73
5. The role of the power to decline jurisdiction73
6. Forum-shopping73
7. Relationship with bases of jurisdiction73
II Lis alibi pendens74
1. Conditions for using the defence74
2. Differences from forum non conveniens74
3. Litispendencia by identity and connexity74
III Foreign choice of jurisdiction clauses75
IV Arbitration agreements75
V Restraining foreign proceedings76
1. No discretionary power76
2. Recognition and enforcement and forum-shopping abroad76

I FORUM NON CONVENIENS

1. Is THERE A DOCTRINE OF FORUM NON CONVENIENS?

Unlike common law countries, the Argentine Republic does not have any such doctrine. Be that as it may, Argentine courts and tribunals do have in

____________________
*
The author is grateful to Griselda Capaldo de Nolfi and Paula Galante for their most helpful contribution.

-71-

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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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