The Decline of Jurisdiction in Private International Law | ||
| مجله علمی "حقوق خصوصی" | ||
| Article 5, Volume 9, Issue 1, August 2013, Pages 97-125 PDF (235.73 K) | ||
| Document Type: Research Article | ||
| DOI: 10.22059/jolt.2012.35126 | ||
| Author | ||
| Reza Maghsoody | ||
| Abstract | ||
| The exercise of jurisdiction as a feature of sovereignty application of states has passed from traditional rule of territoriality and has included goods outside of state territory. The expansion of jurisdictional rule that has been justified on the basis of state interests and legitimate benefits of private persons imposed enormous costs on litigant parties and forums. The provision of public benefits and fairness hearing requires that the forum decline from extended jurisdiction while considering factors such as parallel proceeding in foreign countries, the existence of suitable situations for proceeding in foreign countries or the necessity of comity observance to foreign states | ||
| Keywords | ||
| Decline of jurisdiction; Lis alibi pendens; Forum non- Conveniens; Comity; Anti-suit injunction | ||
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