Lis pendens in international litigation / Campbell McLachlan.

• Superior document: A collection of law lectures in pocketbook form
• Author: Hague Academy of International Law.; McLachlan, Campbell.
• TeilnehmendeR: Hague Academy of International Law.
• Year of Publication: 2009
• Language: English
• Series: Pocketbooks of the Hague Academy of International Law.
• Physical Description: 1 online resource (492 p.)
• Notes: "Full text of the lecture published in August 2009 in the Recueil des cours, Vol. 338 (2008)"--t.p.verso.

What legal principles apply when courts in different jurisdictions are simultaneously seised with the same dispute ? This question — of international lis pendens — has long been controversial. But it has taken on new and urgent importance in our age. Globalization has driven an unprecedented rise in...

Table of Contents

• Copyright; HAGUE ACADEMY OF INTERNATIONAL LAW; Lis Pendens in International Litigation; TABLE OF CONTENTS; CHAPTER I* INTRODUCTION; A. Of the Conflict of Litigation; B. The litispendence phenomenon; 1. Forum shopping in parallel litigation; 2. Horizontality; 3. Overlapping jurisdiction-conferring rules; 4. Kompetenz-Kompetenz : who determines jurisdiction ?; C. Intellectual origins of the idea of lis pendens; 1. Civil Law: in the image of Roman Law?; 2. Common Law: the legacy of Equity's struggle for supremacy in England; D. Legal techniques for the control of competingjurisdictions
• 1. Tolerance of parallel proceedings and res judicata2. Rules of priority; 3. Consolidation of related proceedings; 4. Party autonomy, election and waiver; 5. Discretions to decline jurisdiction or control parallel litigation; E. The Rule of Law and the Function of Adjudication in International Cases; Chapter II. Private international litigation; A. Deference, indifference or control ?; 1. A world of two hemispheres ?; 2. Two contrasting approaches in Civil Law systems; 3. Two contrasting approaches in a Common Law system; B. Strict lis pendens : pursuing the res judicataparallel
• 1. Translation of an internal into an international rule2. The search for identity of action; (a) Same parties; (b) Same subject-matter and same cause; 3. Assessment of effects; (a) The negative declaration; (b) The reflexive effect of a convention; C. Jurisdiction-declining discretions; 1. Litispendence within the forum non conveniens enquiry; (a) Double litigation by the same plaintiff; (b) A forum contest between plaintiff and defendant; 2. Declining jurisdiction in favour of related proceedings; D. The rise and fall of the anti-suit injunction
• 1. Commonwealth use of anti-suit injunctions to control foreign parallel litigation2. A division of principle in the United States; 3. Contraction of the anti-suit injunction in the face of comity concerns; (a) Conflict of laws cedes where no true litispendence; (b) Requirement of jurisdictional nexus; (c) European law constraints; E. Interim conclusions; Chapter III. International arbitration; A. The place of parallel proceedings in international arbitration; 1. The use of party autonomy as an escape from multiple fora; 2. Instances of overlapping jurisdiction.
• B. International commercial arbitration1. Kompetenz-Kompetenz or who decides on arbitral jurisdiction; (a) The arbitral tribunal or the courts; (b) The courts of the seat and other courts; 2. Parallel and related arbitral proceedings; 3. The anti-suit injunction in arbitration; (a) Issue of anti-suit injunctions by arbitrators; (b) The Front Comor and anti-suit injunctions in aid of arbitration; (c) Anti-arbitration injunctions; C. Investment treaty arbitration; 1. The particular potential for conflicts of jurisdictionin investment treaty arbitration
• 2. The distinction between breach of contract and breach of treaty