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Article

Принцип lis pendens в международном гражданском процессе: проблемы идентичности исков и сторон

All modern legal orders establish legal tools aimed at preventing of concurrent judicial proceedings in different jurisdictions. One of these tool is the principle of lis pendens, having for its goal avoiding parallel examination by different courts or arbitration of identical claims. Conditions of lis pendens application are following: same claims, same parties, and sequence of  claims lodging and initiation of proceedings. However, these conditions are understood and interpreted in various legal systems in different ways, that may lead to decrease of lis pendens effects and its inefficient use. In particular, it regards different approaches to identity of claims examined in parallel proceedings: this identity may be determined by cause of action or subject matter, but also by its object, i.e. the purpose of it. Neither is the identity of the parties of both proceedings an absolute precondition: the parties may change their procedural roles in parallel litigation. The moment of judicial proceedings beginning also is not the same in different legal systems. The authors come to the conclusion that criteria of claims and parties identity determination should be flexible enough to better take into account the different of mentioned approaches, and the moment of proceedings commencement should be determined in accordance with the lex fori.