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 stay...