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

8 France
HÉLÈNE GAUDEMET-TALLON Professeur à l'Université de Paris II*
CONTENTS
I Introduction175
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
VII Conclusion187

I INTRODUCTION

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.

____________________
*
This Report, originally written in French and published in [ 1994] Rev. Int. de Droit Comparé, 423-35, has been translated into English, for the purpose of this book, and with the authorization of Prof. Drago, Sec. Gen. of the Académie Internationale de Droit comparé.
1
Refuser d'exercer sa compétence juridictionnelle.
2
There is connexité between two actions when they are so closely connected that there would be a risk of irreconcilable decisions should they be adjudicated upon separately. Connexité is also a condition for the admissibility of incidental pleas. For an English view of connexité, see Cheshire and North, Private International Law ( 12th edn., 1992), 329, on related actions.

-175-

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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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