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10 - Overlapping jurisdiction in EC law

from PART II - JURISDICTION

Trevor C. Hartley
Affiliation:
London School of Economics and Political Science
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Summary

Since EC law is – in practice, if not in theory – based on the civil law, it is hardly surprising that the doctrine of forum non conveniens finds no place in the scheme established by the Brussels I Regulation. Instead, the doctrine of lis pendens is laid down in Article 27.

Lis pendens

Article 27 of the Regulation (set out in Panel 10.1) provides that, where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States, any court other than the court first seised must of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. Once this occurs, it must decline jurisdiction in favour of that court.

Panel 10.1 Lis pendens: related actions Brussels I Regulation (Regulation 44/2001), Articles 27–30

Article 27

1. Where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.

2. Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.

Article 28

1. Where related actions are pending in the courts of different Member States, any court other than the court first seised may stay its proceedings.

Type
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International Commercial Litigation
Text, Cases and Materials on Private International Law
, pp. 237 - 264
Publisher: Cambridge University Press
Print publication year: 2009

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