Abstract

GABUARDI, Carlos A.. Entre la jurisdicción, la competencia y el forum non conveniens. Bol. Mex. Der. Comp. [online]. 2008, vol.41, n.121, pp.69-115. ISSN 2448-4873.

Thus, the focus of this work is centered on four items. First, identifying, explaining and distinguishing in the North-American context, three important concepts that I deem as highly important and clearly interealted among themselves since they are crucial in those stages of the litigations process when the courts make the decision of whether or not hear a given case. I am making reference to the concepts of jurisdiction, competencia and forum non conveniens. Secondly, I want to explore the correlation between jurisdiction assumplion and the enforcement of foreign judgments in the three North American countries. Thirdly, I want to state my opinion that one ofthe curcial points to hamper the succesful ending of the failed Hague Convention on the Enforcement of Foreign Judgments was a misunderstanding on the concepts of jurisdiction and competencia in the Common Law and the romano-germanic tradicion. Finally, I also explore the convenience ofadopting the institution offorum non conveniens in the contries ofthe romano-germanic tradition.

Keywords : jurisdition; competencia; forum non conveniens; comparative law; enforcement of foreing judgments; international litigation.

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