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Part IV Commencing and Preventing Proceedings, 12 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: 17 June 2024

Subject(s):
Declining jurisdiction — Lis alibi pendens (pending proceedings) — Litigation risk — Jurisdiction under the Brussels I Regulation
12.01 Neither the 1968 Brussels Convention, nor Regulation 44/2001, dealt explicitly with the possibility of declining jurisdiction conferred by those instruments in favour of proceedings in a non-Member State, and nor does the Lugano Convention. They provide neither rules conferring exclusive jurisdiction on third-state courts, nor rules governing parallel proceedings in such courts. In Owusu v Jackson1 the CJEU ruled that an English court cannot stay its proceedings on forum conveniens grounds in favour of a third-state court in which proceedings have not...
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