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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



Usually despatched in 1 to 3 weeks.

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

"Soft Law" in International Commercial Arbitration ISBN 9789004462892
Published April 2021
Brill Academic Publishers
£15.00
Procedure and Substance in International Environmental Law ISBN 9789004444379
Published December 2020
Brill Nijhoff
£18.00
£18.00
Treaties and their Practice: Symptoms of Their Rise or Decline ISBN 9789004394568
Published January 2019
Brill Nijhoff
£15.00
The Allocation of Power between Arbitral Tribunals and State Courts ISBN 9789004388918
Published November 2018
Brill Nijhoff
£18.00
International Law Relating to Islands ISBN 9789004361539
Published February 2018
Brill Nijhoff
£18.00
International Arbitration and Private International Law ISBN 9789004348257
Published June 2017
Brill Nijhoff
£18.00
The Law of Global Governance ISBN 9789004279117
Published July 2014
Brill Nijhoff
£15.00
The Secession of States and Their Recognition in the Wake of Kosovo ISBN 9789004257481
Published August 2013
Brill Nijhoff
£15.00
Non-discrimination in the World Trade Organization ISBN 9789004233140
Published July 2012
Brill Nijhoff
£18.00
Private International Law as Component of the Law of the Forum ISBN 9789004226340
Published January 2012
Brill Nijhoff
£18.00
£18.00
£18.00
International Humanitarian Law: Theory, Practice, Context ISBN 9789004179103
Published July 2011
Brill Academic Publishers
£18.00
Aspects Philosophiques du Droit de l'Arbitrage International ISBN 9789004171480
Published July 2008
Brill Academic Publishers
£15.00
£15.00