Identifiant pérenne de la notice : 216689279
Notice de type
Notice de regroupement
Note publique d'information : La 4ème de couv. indique :"What legal principles apply when courts in different jurisdictions
are simultaneously seised 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
litigation, guided by a cosmopolitan conception of the rule of law."
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