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...
Users without a subscription are not able to see the full
to access all content.