engleski

The "Lis Pendens" Rule in European Private International Law and its Relation to the Rule on Choice of Court Agreements

The lis pendens rule, contained in Art. 27 of the Brussels I Regulation, minimizes the risk of parallel proceedings involving the same cause of action and same parties in different Member States and of irreconcilable judgments originating from those proceedings. Therefore, this provision represents one of the most important mechanisms for accomplishing legal certainty and proper functioning of internal market – cornerstones of the Brussels/Lugano system. This paper gives an insight into the lis pendens rule and its interpretation and application. An overview is provided of the amendments to the lis pendens rule, from the Brussels Convention, over the Brussels I Regulation to the most recent changes introduced by the Brussels I Recast Regulation. Particular focus is placed on the issue of relation between the lis pendens rule and the rule on choice of court agreements, which gave a crucial impetus to one of the novelties adopted in the Brussels I Recast Regulation.

conflicting judgments, lis alibi pendens, parallel proceedings, prorogation of jurisdiction, the Brussels I Regulation

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