Part III Jurisdiction, Foreign Judgments and Awards, 13 Stays and the Management of Parallel Proceedings
Uglješa Grušić, Christian Heinze, Louise Merrett, Alex Mills, Carmen Otero García-Castrillón, Zheng Sophia Tang, Katarina Trimmings, Lara WalkerEdited By: Paul Torremans, James J. Fawcett
- Choice of law clauses — Stays — Jurisdiction under the Brussels I Regulation
This chapter explores the question of stays of proceedings and how the English courts deal with parallel proceedings. It first considers two related issues that arise from the frequent possibility that proceedings could be brought in England or in a foreign court: first, whether the English courts should exercise jurisdiction if a foreign court would be better placed to resolve the dispute and second, what should happen if proceedings are or might be commenced both in a foreign court and in the English courts. The chapter then examines stays of English proceedings under the common law and the issue of the anti-suit injunction before discussing parallel proceedings under the Brussels I Recast, focusing on lis pendens and related actions, as well as stays of proceedings under the Brussels I Recast. It also explains the discretion to restrain foreign proceedings under the Brussels I Recast.