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

Index
arbitration agreements
Argentina, in 75-6
Australia, in
domestic, effect of 94-5
international, stay of proceedings for 94
Canada, in 138-9
declining jurisdiction where existing arbitrable dispute, requirement of 60
defence, agreement raised as 61
discretion to stay proceedings 60
effect of 58-60
international, to be 61
mandatory 58-60
New York Convention, under 59
UNCITRAL Model Law, under 59
validity 61
writing, to be in 61
effectiveness, limitations on 62
Finland, in 172
foreign choice of jurisdiction in 2
France, in 185-6
Germany, in 202-3
Great Britain, in
domestic 228
Scotland, in 228-9
stay of proceedings, grant of 227-8
UNCITRAL Model Law, under 228-9
Greece, in
international, pleading 255
provisional measures 256-7
statutory provisions 254-6
validity, judging 255-6
Italy, in
award, recognition of 299
capability of being performed 298
exercise of national jurisdiction, bar to 297-9
New York Convention, effect of 297-8
operative character 298
Japan, in 318
Netherlands, in 335-6
New Zealand, in
domestic 361-2
foreign 362-7
future developments 367
international investment disputes, in case of 366-7
mandatory stay for 363-4
persons applying for stay 364-5
procedure 366
scope and effect of provisions 365
statutory provisions 362-7
validity of 366
Quebec, in 163-5
Sweden, in 378
Switzerland, in
domestic 397
international 396
uniformity of approach to 69
United States, in
commerce, contracts involving 413
Convention, under 415-18
Federal Arbitration Act Chapter 1 proceedings 413-15
Federal Arbitration Act Chapter 2 proceedings 415-18
forum non conveniens doctrine, use of 414
maritime transactions, contracts involving 413
validity 414
Argentina
appropriate forum, claiming existence of 71-2
arbitration agreements 75-6
foreign choice of jurisdiction agreements 75
foreign proceedings, restraining
no discretionary power of 76
recognition and enforcement 76-7
forum non conveniens doctrine, substitute for 27
forum-shopping 73
impartiality of judges, mechanism for securing 72-3
justice, mechanisms for securing 72-3
legal remedies, access to 73
litispendencia, defence of
conditions for using 74
forum non conveniens, differing from 74
identity and connexion, by 74-5
taking into account 74
power to decline jurisdiction in 73
power to stay or dismiss actions, exercise of 73
Australia
arbitration agreements
domestic, effect of 94-5
international, stay of proceedings for 94
declining jurisdiction, general

-433-

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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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