Volume 25, Issue 2 (2021)
CLR 2021, 25(2): 135-159 |
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Kabry M M, Ansari A, Khodabakhshi A. Jurisdiction to Related Actions in Private International Disputes; A Comparative Study between Iranian and Egyptian law. CLR 2021; 25 (2) :135-159
URL: http://clr.modares.ac.ir/article-20-50575-en.html
URL: http://clr.modares.ac.ir/article-20-50575-en.html
1- Ph.D. Candidate of Private Law, Ferdowsi University of Mashhad, Mashhad, Iran
2- Assistant Professor, Department of Private Law, Ferdowsi University of Mashhad, Mashhad, Ira , aansari@um.ac.ir
3- Assistant Professor,Department of Private Law, Ferdowsi University of Mashhad, Mashhad, Iran
2- Assistant Professor, Department of Private Law, Ferdowsi University of Mashhad, Mashhad, Ira , aansari@um.ac.ir
3- Assistant Professor,Department of Private Law, Ferdowsi University of Mashhad, Mashhad, Iran
Abstract: (1650 Views)
While principal private international actions are pending before a court, there is a possibility for arising related actions. However, if the court doesn’t have jurisdiction over related actions, two important questions may arise; the first one is if the Iranian or Egyptian courts have jurisdiction to decide the principal dispute, can they take the jurisdiction to decide the related actions? Also, if the foreign court has jurisdiction over the principal action, is the Iranian or Egyptian court required to dismiss jurisdiction in favor of the foreign court? The article with the descriptive-analytical method and a comparative approach examines the approach of Iranian and Egyptian laws in this area. The article shows that where the Iranian or Egyptian court has jurisdiction over the principal action, it can take jurisdiction to decide the related actions. Nevertheless, if the Iranian court has jurisdiction to decide the related actions, the jurisdiction of the foreign court over the principal action does not prevent the Iranian court to exercise the jurisdiction over related actions. However, on this question, there are contradicted views in Egyptian law.
Keywords: Foreign Court, Incidental Claim, Related Action, international Jurisdiction, Preliminary Question.
Article Type: Original Research |
Subject:
Comparative Law
Received: 2021/03/1 | Accepted: 2021/11/17 | Published: 2021/11/22
Received: 2021/03/1 | Accepted: 2021/11/17 | Published: 2021/11/22
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