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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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Lis Pendens in International Litigation


ISBN13: 9789004179097
Published: September 2009
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Pocketbook
Price: £15.00



Despatched in 4 to 6 days.

What legal principles apply when courts in different jurisdictions are simultaneously seized 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 forum shopping between national courts and a proliferation of new international tribunals.

Problems of litispendence have spawned some of the most dramatic litigation of modern times — from anti-suit injunction battles in commercial disputes, to the appeals of prisoners on death row to international human rights tribunals. The way we respond to this challenge has profound theoretical implications for the interaction of legal systems in today’s pluralistic world.

In this wide-ranging survey, McLachlan analyses the problems of parallel litigation — in private and public international law and international arbitration. He argues that we need to develop a more sophisticated set of rules of conflict of litigations, guided by a cosmopolitan conception of the rule of law.

Series: Pocketbooks of the Hague Academy of International Law

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Brill Nijhoff
£15.00
Non-discrimination in the World Trade Organization ISBN 9789004233140
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£16.00
Private International Law as Component of the Law of the Forum ISBN 9789004226340
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£16.00
£16.00
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International Humanitarian Law: Theory, Practice, Context ISBN 9789004179103
Published July 2011
Brill Academic Publishers
£16.00
Aspects Philosophiques du Droit de l'Arbitrage International ISBN 9789004171480
Published July 2008
Brill Academic Publishers
£13.00