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Part IV Procedural and Systemic Issues, 21 Concurrent Proceedings

From: Civil Jurisdiction and Judgements in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention (2nd Edition)

Trevor Hartley

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 10 December 2023

21.01 In this chapter, we examine the way the instruments deal with the situation in which the same claim is litigated before two courts in different countries.1 Since parallel proceedings are undesirable, it is generally accepted that some mechanism should be used to avoid them. The common law has traditionally dealt with the problem through the twin remedies of a stay on the ground of forum non conveniens and an antisuit injunction. The former permits the forum to decline jurisdiction in favour of the other court; the latter enables the forum to insist on...
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