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Forum Non ConveniensHistory, Global Practice, and Future under the Hague Convention on Choice of Court Agreements$
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Ronald A. Brand and Scott R. Jablonski

Print publication date: 2007

Print ISBN-13: 9780195329278

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195329278.001.0001

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Related Doctrines in Civil Law Systems 1

Related Doctrines in Civil Law Systems 1

Chapter:
(p.121) CHAPTER 7 Related Doctrines in Civil Law Systems1
Source:
Forum Non Conveniens
Author(s):

Ronald A. Brand

Scott R. Jablonski

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195329278.003.0007

This chapter considers whether civil law jurisdictions of the world have doctrines that allow courts the discretion to decline to exercise jurisdiction when it otherwise exists. Particular attention is given to Germany, Japan, and the rules developed through the Brussels Regulation in the European Union. The development in Latin American nations of legislation designed to frustrate the application of the doctrine of forum non conveniens in the United States is also covered.

Keywords:   forum non conveniens, declining jurisdiction, lis pendens, Brussels Regulation, Parlatino, blocking statutes

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