Canadian Yearbook of International Law 2000. Volume 38 (2000), p. 155-188.
appropriate forum; Judicial Jurisdiction; lis pendens; parallel proceedings
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?
Walker, Janet, "Parallel Proceedings-Converging Views: The Westec Appeal" (2000). Articles & Book Chapters. 322.
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