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Part IV Commencing and Preventing Proceedings, 15 Preclusive Proceedings

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: 18 April 2024

Subject(s):
Preclusive proceedings — Abuse of process — Jurisdiction under the Brussels I Regulation — EU Free Trade Area Rules
15.01 The existence of proceedings in one court may preclude proceedings elsewhere. In practice, a defendant (or potential defendant) in one court may prevent proceedings there by initiating alternative proceedings in another country. The preclusive effect of such alternative proceedings may be substantive, procedural, or strategic. 15.02 Such proceedings are substantively preclusive when a finding of fact or law on the merits in such proceedings is recognized in another court, preventing relitigation of the matter. A decision on the merits of the dispute...
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