Lis (alibi) pendens: the Influence of the Trial of the Identical or Related Action (Civil Case) Pending in the other European Union State to the Lithuanian Trial
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Abstract
The article deals with the problems of the concept, the legal regulation and application of the institute of lis (alibi) pendens in the law of European Union and Lithuanian international civil procedure.
The significance of the institute of lis (alibi) pendens is based on the principles of prejudicial and res judicata power of the court decision as well as on the aim to prevent the parallel proceedings and to avoid conflicts between decisions which might result thereof.
Considering the rules of law of European Union as well as the aim of the international civil procedure, author discusses the questions of the application of the forum non conveniens doctrine and of an injunction whereby the court prohibits a party to proceedings pending before it from commencing or continuing legal proceedings before a court of another state (antisuit injunction).
Author reasons his opinion concerning the regulation of the institute of lis (alibi pendens) in the Lithuanian international civil procedure and discloses the problems that arise due to the obligation of direct application of lis (alibi) pendens rules of European Union.
The significance of the institute of lis (alibi) pendens is based on the principles of prejudicial and res judicata power of the court decision as well as on the aim to prevent the parallel proceedings and to avoid conflicts between decisions which might result thereof.
Considering the rules of law of European Union as well as the aim of the international civil procedure, author discusses the questions of the application of the forum non conveniens doctrine and of an injunction whereby the court prohibits a party to proceedings pending before it from commencing or continuing legal proceedings before a court of another state (antisuit injunction).
Author reasons his opinion concerning the regulation of the institute of lis (alibi pendens) in the Lithuanian international civil procedure and discloses the problems that arise due to the obligation of direct application of lis (alibi) pendens rules of European Union.
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Please see Copyright and Licence Agreement for further details.
