Sentences with phrase «lis alibi»

There is partial overlap, nevertheless; it is also clear that the different formulation of the Lithuanian claims is to make them lis alibi pendens - proof.

I just wanted to turn the attention of readers of this blog to para 65 of the judgment, which considers lis alibi pendens.

Brussels I recast, Choice of court, FNC, Forum non conveniens, http://www.bailii.org/ew/cases/EWHC/Comm/2018/380.html, LAP, Lis alibi pendens, Owusu, Regulation 1215/2012, UCP v Necturs, [2018] EWHC 380 (Comm)

Referring to the new Article 34 lis alibi pendens rule for proceedings pending ex-EU, ex absurdum, would there not be an odd lacuna if Article 34 required a stay where there were related non-Regulation foreign proceedings in a third party State and the position were not to be the same for equivalent foreign proceedings in a Member State?

Recent court cases include Lehman Brothers Finance AG v Klaus Tschira Stiftung GmbH [2014] EWHC 2782 (Ch) Jessica was instructed (with Hugh Mercer QC) for the defendants in their successful application for a stay of English proceedings in relation to an ISDA Master Agreement, on the grounds that conciliation proceedings in Switzerland were sufficient to trigger the lis alibi pendens provision in Article 27 (1) of the Lugano Convention 2007.