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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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The Global Search for a Convention on Jurisdiction and Judgments and Related Projects Addressing Lis Pendens and Declining Jurisdiction

The Global Search for a Convention on Jurisdiction and Judgments and Related Projects Addressing Lis Pendens and Declining Jurisdiction

Chapter:
(p.141) CHAPTER 8 The Global Search for a Convention on Jurisdiction and Judgments and Related Projects Addressing Lis Pendens and Declining Jurisdiction
Source:
Forum Non Conveniens
Author(s):

Ronald A. Brand

Scott R. Jablonski

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195329278.003.0008

This chapter reviews the work on a global convention on jurisdiction and judgments at the Hague Conference on Private International Law. In particular, it seeks to save for future consideration the compromise reached in those negotiations on application of the discretionary common law doctrine of forum non conveniens and the strict civil law doctrine of lis pendens. It also considers work on related issues done by the American Law Institute and the International Institute for the Unification of Private Law (UNIDROIT).

Keywords:   forum non conveniens, declining jurisdiction, discretion, Hague Conference on Private International Law, UNIDROIT, ALI, lis pendens, lis alibi pendens, recognition and enforcement of judgments, common law

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