Lis pendens: the parties’ choice of jurisdiction matters under the Recast Regulation

JIBFL Vol 31 No 7 July August (Cover)The Recast Regulation gives greater priority to parties’ choice of jurisdiction contained in jurisdiction clauses when determining jurisdiction. This article considers the Commercial Court’s decision in Barclays v ENPAM which provides useful guidance as to the principles involved in determining whether two sets of proceedings concern the same cause of action and guidance as to when summary judgment applications will be heard concurrently with jurisdictional applications.

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JIBFL will be sharing two articles per month on-line only. They will be available on the Loan Ranger blog one month after publication in LexisLibrary.

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