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Part IV Commencing and Preventing Proceedings, 11 Declining Jurisdiction:

From: International Commercial Litigation (2nd Edition)

Richard Fentiman

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 May 2024

Subject(s):
Declining jurisdiction — Lis alibi pendens (pending proceedings) — Jurisdiction under the Brussels I Regulation — Jurisdiction under the Lugano Convention — EU Free Trade Area Rules
11.01 The grounds on which jurisdiction may be asserted under the Brussels I and Brussels I bis Regulations and the Lugano Convention have been considered.1 The present chapter is concerned with those circumstances in which an English court may (or must) decline to exercise jurisdiction conferred by the Regulations or Convention. It is concerned with a number of defences to jurisdiction which do not involve a challenge to the ground of jurisdiction relied upon by the claimant, but instead address why jurisdiction on that ground should not be exercised. One such...
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