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Cheshire, North & Fawcett: Private International Law, 14th Edition by Fawcett, James J; Carruthers, Janeen M (4th September 2008) [OLD EDITION]

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, Solicitor
Edited By: Sir Peter North CBE, QC, MA, DCL, FBA

From: Cheshire, North & Fawcett: Private International Law (14th Edition)

James J Fawcett, Janeen M Carruthers
Edited By: Sir Peter North (Consultant Editor)

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From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 22 November 2019

Subject(s):
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...
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