Keywords
Summary

Keywords

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CONVENTION ON JURISDICTION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - LIS PENDENS - CONCEPT - INDEPENDENT INTERPRETATION - ACTIONS INVOLVING THE SAME SUBJECT-MATTER AND THE SAME CAUSE OF ACTION - ACTION FOR RESCISSION OR DISCHARGE OF A CONTRACT AND ACTION TO ENFORCE THE CONTRACT

( CONVENTION OF 27 SEPTEMBER 1968, ART . 21 )

Summary

THE TERMS USED IN ARTICLE 21 OF THE CONVENTION OF 27 SEPTEMBER 1968 IN ORDER TO DETERMINE WHETHER A SITUATION OF LIS PENDENS ARISES MUST BE REGARDED AS INDEPENDENT .

LIS PENDENS WITHIN THE MEANING OF THAT ARTICLE ARISES WHERE A PARTY BRINGS AN ACTION BEFORE A COURT IN A CONTRACTING STATE FOR THE RESCISSION OR DISCHARGE OF AN INTERNATIONAL SALES CONTRACT WHILST AN ACTION BY THE OTHER PARTY TO ENFORCE THE SAME CONTRACT IS PENDING BEFORE A COURT IN ANOTHER CONTRACTING STATE .