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Civil Jurisdiction and Judgments


Page 320

CHAPTER 18

Lis pendens in a Lugano State

18.01 The effect of a lis pendens in another Lugano State: Articles 27 to 30

The rules which are set out in Section 9 of Title II of the Lugano Convention explain when the jurisdiction which would be or has been provided or justified by the provisions examined so far may be overridden or undercut by the fact that a court in another Lugano State has also been seised. The question whether or when the jurisdiction which has been or would be conferred on the court by the Convention may be affected (and if so, in what way) by the fact that a court in a non-Lugano State has been seised is examined in Chapter 19. The rules in Section 9 of Title II are critical to the proper functioning of the Lugano Convention.

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