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Global litigation and conflict of laws

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documents in English
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case study
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5 pages
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  1. Introduction
  2. Belgian court cease
  3. Belgian judgment
  4. Convention on the Taking of Evidence Abroad in Civil or Commercial Matters
  5. French parties
  6. Conclusion

Whether A can have the Belgian court cease the proceedings pending before it on the basis that parallel proceedings are pending in France depends on whether the case at hand fulfills the criteria of parallel proceedings, which is that the proceedings must involve ?the same cause of action and [be] between the same parties? (Article 27, on parallel proceedings). As clarified in the Tatry case, ?It should be noted at the outset that the English version [?] does not expressly distinguish between the concepts of ?object' and ?cause' of action. That language version must however be construed in the same manner as the majority of the other language versions in which that distinction is made??that is to say, both proceedings must have the same object as well as the same cause of action. The same cause of action comprises the facts and the rule of law relied on as the basis of the action. Needless to say, both proceedings rely on the same set of facts. However, since the legal basis of A's lawsuit is contractual damages, while the legal basis of B's is wrongful and tortious conduct, the rule of law relied on for both proceedings are different. Therefore, the first criterion of identical cause of action is not met, and as a result, the proceedings cannot be considered parallel.

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