Part III Validity and Effect, 11 Concurrent Proceedings
From: Choice-of-court Agreements under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention
Trevor C. Hartley
- Article 23 — Exclusive forum clauses — Validity and effect — Stays of English proceedings — Applicable law and intellectual property — Forum non conveniens — Judgments from courts of a member state — Procedural objections to proceedings
11.01 Assume that the parties conclude an exclusive choice-of-court agreement designating the courts of a State covered by one of the instruments.1 Before proceedings are brought in those courts, one of the parties brings an action in a court in another State. If that other court is bound by one of the instruments, the choice-of-court agreement will deprive it of any jurisdiction it might otherwise have had; so it ought not to hear the case. In this chapter, we are not concerned with this court: what we are going to consider is the effect of this prior action on...