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

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-

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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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