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

9 Germany
DR HAIMO SCHACK Professor, Institut für Europäisches und Internationales Privat- und Verfahrensrecht, Christian--Albrechts--University of Kiel*
CONTENTS
I Introduction189
II Forum non conveniens190
1. Forum non conveniens substitutes190
2. The reasons why there is no general rule193
3. Construction of Statutes195
4. Forum-shopping196
III Lis alibi pendens196
1. The provisions196
2. The consequences of lis alibi pendens197
3. Special rules198
4. The Brussels and Lugano Conventions198
5. Related actions199
IV Forum selection and arbitration agreements200
1. Forum-selection agreements200
2. Arbitration agreements202
V Prohibition of foreign lawsuits203

I INTRODUCTION

It is hard for a judge to forgo exercising the international jurisdiction that is extended to him by law: the plaintiff's expectations of domestic legal protection will not be met. Moreover, the adjudication of the dispute will

____________________
*
The author wishes cordially to thank his assistant Sebastian Kubis, LL.M. ( Illinois), for preparing a draft of the English translation. A German version of the German National Report previously appeared in [ 1994] Rabels Z40.

-189-

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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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