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

Appendix Questionnaire
RULES FOR DECLINING TO EXERCISE JURISDICTION IN CIVIL AND COMMERCIAL MATTERS: FORUM NON CONVENIENS, LIS PENDENSLes régimes relatifs au refus d'exercer la competénce juridictionnelle en matière civile et commerciale.
QUESTIONNAIRE
The topic of rules for declining to exercise jurisdiction is of major practical importance and of considerable academic interest, involving, as it does, major differences between states following the common law tradition and those that follow the civil law tradition.National reporters for the 1994 Athens/Delphi Congress of the International Academy for Comparative Law are, of course, free to cover the subject in whatever way they deem fit. However, it would be extremely helpful if they were to address the following points at some stage during the course of their Report. It is to be noted that in order to provide a complete picture, it is intended that, the General Report will discuss declining of jurisdiction in cases involving arbitration and choice of jurisdiction agreements as well as forum non conveniens and lis alibi pendens.National reports should be submitted by the end of September 1993, and should not exceed 8,000 words. They may, of course, be shorter than this.
Forum Non Conveniens
1. Do you have in your state a doctrine of forum non conveniens (a general discretionary power to stay or dismiss actions on the basis of the appropriate forum)?If you have such a doctrine:
a. What is the origin of this doctrine?
b. What are the considerations when determining what the appropriate forum is? Do these include public interest factors as well as private?
c. Are these considerations contained within a framework of rules or is a more flexible position taken by the courts?
d. What role does your doctrine of forum non conveniens play? (e.g. is it used as an antidote to excessively wide bases of jurisdiction, to provide justice?).
2. If you have no doctrine of forum non conveniens:
a. Why is this?

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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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