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Resolving Of International Parallel Litigations

Posted on:2009-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y DuFull Text:PDF
GTID:2166360245460714Subject:Law
Abstract/Summary:PDF Full Text Request
International parallel litigations'disadvantages are quite clearly, they waste judicial resources, impose heavy financial burden on the parties, further'forum shopping'etc. Because of the absence of international institution, comity of nations is the best way to create an efficient settlement.Comity of nations, as a centuries-old principle of conflict laws, is the first and foremost principle to resolve the international parallel litigations. It demands considering the benefits of forum nations and the needs of creating a preferable international system to resolve the issues arising out of international commerce.The main way, in which comity resolves the problem of international parallel litigations, is cooperation between legal systems directly or indirectly by declining jurisdiction, using principles such as forum non convenience, first-file rule, respecting forum selection clause, stay.In fact, in order to protect Chinese benefits, the current policy of China is to let the international parallel litigations alone, but the outcome is unsatisfactory; on the contrary the legal system of China created a backward image. Based on comity of nations, we can create a new international parallel litigations system to change it.
Keywords/Search Tags:International parallel litigations, Comity of nations, Resolving
PDF Full Text Request
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