Jump to Content Jump to Main Navigation

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)

A newer edition of Cheshire, North & Fawcett: Private International Law is available. Latest edition (15 ed.)
Next Edition: 15th Edition Latest edition (15 ed.)

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 27 October 2020

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 stay...
Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.