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Regulating Jurisdictional Relations Between National and International Courts$
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Yuval Shany

Print publication date: 2007

Print ISBN-13: 9780199211791

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199211791.001.0001

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Application of Jurisdictional-regulating Norms

Application of Jurisdictional-regulating Norms

Chapter:
(p.145) 5 Application of Jurisdictional-regulating Norms
Source:
Regulating Jurisdictional Relations Between National and International Courts
Author(s):

Yuval Shany (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199211791.003.0006

This chapter discusses the application of forum-selection and multiple proceeding regulating norms to interactions between national and international courts. It begins with a review of forum selection agreements and other treaty clauses governing choice of forum (such as exclusive jurisdiction provisions). It concludes that in the absence of such specific norms forum shopping is generally permissible. The next part of the Chapter examines the application of the electa una via (fork in the road), lis alibi pendens, and res judicata rules to the parallel or consecutive invocation of multiple proceedings as reflected in the practice of NAFTA, ICSID, ITLOS, and other national and international courts. The chapter concludes that the conceptual difficulties identified in earlier chapters complicate any attempt to identify clear and consistent practice on the matter.

Keywords:   lis abili pendens, lis pendens, res judicata, fork in the road, electa una via, forum shopping, forum selection, exclusive jurisdiction, multiple proceedings, choice of forum

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