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CHAPTER 22 Staying proceedings when the court is forum non conveniens

Civil Jurisdiction and Judgments


Page 406

CHAPTER 22

Staying proceedings when the court is forum non conveniens

22.01 General

Where proceedings may be instituted by serving the defendant within the jurisdiction, so giving the court personal jurisdiction over the defendant, any disputing of the jurisdiction of the court will be based on whether the service was made in accordance with the law governing the manner and form of service of the document in question, and in accordance with any statute law which, for the particular case, specifies when the court does and does not have jurisdiction. These rules about how service may be made are examined in more detail in Chapter 26; for present purposes, the principal statutory rules which specify when the court does and does not have jurisdiction would be the Lugano Convention, examined in Part B, and the 2005 Hague Convention on Choice of Court Agreements, examined in Chapter 25.

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