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PARTY SCOPE OF JURISDICTION AND ARBITRATION AGREEMENTS

Lloyd's Maritime and Commercial Law Quarterly

PARTY SCOPE OF JURISDICTION AND ARBITRATION AGREEMENTS Michael Douglas * AHNA v Hive Rinehart v HPPL The fragmentation of commercial disputes into multiple fora is costly for parties and for courts. Sensibly, courts seek to avoid that fragmentation. In the case of litigation occurring in different legal systems in respect of the same dispute, common law courts may exercise their inherent jurisdiction to stay proceedings if proceedings are already pending in another forum; that is, on the basis of lis alibi pendens . More precisely, a lis alibi pendens is a factor which affects the exercise of court’s jurisdiction in a variety * Senior Lecturer, UWA Law School, University of Western Australia; Consultant, Bennett + Co, Perth, Australia; 2019 Visiting Scholar, Hague Conference on Private International Law. This comment is based on work done in the course of reporting AHNA v Hive [2019] NSWCA 61 for the New South Wales Law Reports. 526

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