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

13 Italy
NICOLO TROCKER Professor, Dipartimento di diritto comparato, Università degli Studie di Firenze
CONTENTS
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 revisited291
IV Lis pendens, lack of jurisdiction to adjudicate, and forum-selection agreements294
1. Lis pendens and forum-selection agreements: a preliminary remark294
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

I INTRODUCTION: 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

-279-

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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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