lis alibi pendens

Thus, lis alibi pendens did not apply to terminate the proceedings.

Although such clauses almost certainly do not prevail over lis alibi pendens, some courts have been persuaded to prefer the parties' choice over torpedo actions.

The doctrine has limited application in most civil law jurisdictions which prefer lis alibi pendens, although the principle behind FNC is acknowledged.

Lis alibi pendens arises from international comity and it permits a court to refuse to exercise jurisdiction when there is parallel litigation pending in another jurisdiction.

In the House of Spring Gardens case, the English proceedings simply lay dormant; no order was made staying those proceedings on the ground of lis alibi pendens.

"Lis alibi pendens under the Brussels I Regulation - How to minimise "Torpedo Litigation" and other unwanted effects of the "first-come, first-served" rule."

The principle of lis alibi pendens (Latin for "dispute elsewhere pending") applies both in municipal law, public international law, and private international law to address the problem of potentially contradictory judgments.

The underlying principles, such as basing respect given to foreign courts on reciprocal respect or comity, also apply in civil law systems in the form of the legal doctrine of lis alibi pendens.

Capricorn applied for the service of the writ to be set aside on the ground that the London address did not consitute a place of business in Great Britain or that if service was good, Capricorn sought a stay on the ground of lis alibi pendens in Ohio.

For example, in the European Union, all major jurisdictional matters are regulated under the Brussels Regime, e.g. the rule of lis alibi pendens from Brussels 1 Regulation applies in the Member States and its interpretation is controlled by the European Court of Justice rather than by local courts.