La Prorogation de Compétence dans les Litiges Commerciaux Internationaux. La Litispendance et la Connexité

• Main Author: Angelica ROŞU
• Format: Article
• Language: English
• Published: Danubius University 2009-10-01
• Series: Acta Universitatis Danubius: Juridica
• Subjects: international commercial disputes; exclusive jurisdiction; prorogation of jurisdiction; lis pendens; related actions
• Online Access: http://www.juridica-danubius.ro/continut/arhiva/A108.pdf

In international commercial disputes the extension of jurisdiction concerns the situation where a court extended its jurisdiction to the detriment of another abroad. Such an extension would not work but with an absolute breach of jurisdiction of other states. However, one cannot ignore the fact that art. 25 of Regulation (EC) no. 44/2001 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters refers to mandatory reporting lack of competence whenever the court finds that a claim is another instance of a Member State of the Union shall have exclusive jurisdiction, text that indicate that incidental or accessory applications remain in the national court seized of the original proceedings. Although in theory it was argued that the lis pendens - related actions has no effect on international trade dispute, we can note that in relation to European Union member states lis pendens creates a special case of mandatory suspension of the case, while related actions a special case of voluntary suspension.