Part III Jurisdiction, Foreign Judgments and Awards, Ch.13 Stays of English Proceedings and Restraining Foreign Proceedings
J J Fawcett LLB, PhD, Solicitor, J M Carruthers LLB (Hons), Dip LP, PhD, SolicitorEdited By: Sir Peter North CBE, QC, MA, DCL, FBA
James J Fawcett, Janeen M CarruthersEdited By: Sir Peter North (Consultant Editor)
- Stays of English proceedings — Restraining foreign proceedings — Forum non conveniens — Injunctions to arbitration restrain proceedings — Injunctions to restrain proceedings abroad — Jurisdiction under the Brussels-Lugano Regime
Even though an English court has power to try a case, ie a claim form has been served on the defendant in accordance with the rules set out in the previous chapter , 1 it can, nonetheless, refuse to take jurisdiction and stay the English proceedings. 2 Although the English court is technically only regulating its own jurisdiction, the effect of a stay is to force a claimant to go abroad to sue or, in some cases, to go to arbitration. 3 The court is therefore, in reality, choosing between alternative fora for trial, or between trial and arbitration. 4 The power to...