Table of Articles

Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters

	Title II - Jurisdiction
	S e c t i o n 8: Lis Pendens - related actions

Art. 21

	Lis pendens - Proceedings brought in the courts of different Contracting States - Meaning of court "first seised" - Lack of autonomous definition of lis pendens - Date of definitive seisin of the courts - Appraisal according to the national law of each court seised - Swiss law - Cantonal law (Zurich) - Preliminary conciliation procedure leading to a referral order (Weisung) to the court - Date on which the plaintiff has lodged the order with the court - N° 1998/13
	Lis pendens - Notion of proceedings involving the same cause of action - Action for performance and action for a declaratory judgment concerning the same facts -Inclusion - N° 1998/13
	Transitional provisions - Recognition and enforcement according to the regime of Article 54 (2) - Action brought before the entry into force of the Convention - Decision rendered after the entry into force - Review of the jurisdiction of the court of origin - Proceeding involving the same cause of action and between the same parties brought in a court of the requested State (other than the court first seized) - Irrelevance of the lis pendens within the frame of the review of the jurisdiction of the court of origin - Exclusive character of the grounds of refusal of Articles 27 and 28 - N° 1999/36
	Transitional provisions - Proceedings brought in the courts of different Contracting States before the entry into force - Identity of the parties following a voluntary and a compulsory joinder after the entry into force - Lis pendens - Applicability of Article 21 of the Convention - N° 1999/61
	Lis pendens and related actions – Lis pendens – Meaning – Independent interpretation – Proceedings involving the same cause of action – Action brought in Poland by the maintenance debtor for a declaration that the maintenance obligation had expired – Action brought in Austria by the same maintenance debtor seeking recognition of the expiry of the same maintenance obligation in enforcement proceedings brought against him – Included - N° 2005/19

Art. 22

	Counterclaim - Original claim based on a contract establishing a company - Counterclaim based on a sales contract - Absence of requisite connecting link - Inapplicability of Article 6, point 3 of the Convention - Lack of jurisdiction of the court seized - N° 1999/20