Document Type

Article

Publication Date

2000

Source Publication

Canadian Yearbook of International Law 2000. Volume 38 (2000), p. 155-188.

Keywords

appropriate forum; Judicial Jurisdiction; lis pendens; parallel proceedings

Abstract

The flexibility afforded by new rules for jurisdiction and judgments creates opportunities for parallel proceedings and the potential for inconsistent results. Could mechanisms developed in other systems be adopted, such as the lis pendens rule in Europe, or would they merely replace the 'race to judgment' with a 'race to file'? What might a "made in Canada" solution look like? Would it succeed in preventing abuse without compromising fairness in the individual case?

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Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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