Teismingumo problemos tarptautiniame civiliniame procese

Abstract

This Master‘s paper is about problems, which arise out of jurisdiction regulation of cases with international element in national and international level. In the first part of this paper author gives a definition of international jurisdiction and discusses its significance to the recognition and enforcement of judgments. Later after having analyzed national laws of different states (Germany, France, U.K., Lithuania, etc.) and EU documents - Brussels convention (1968) and Regulation No. 44/2001, as well as some cases of Lithuanian Supreme Court, European Justice Court and USA courts and having done a sociological research of Lithuanian judges‘ opinion, detailed analysis of such problems as parallel litigation, exorbitant jurisdiction and forum shopping is given. Then author discusses how these problems can be solved and gives a way to solve each problem – respectively, lis alibi pendens, unification and forum non conveniens doctrine. Each way is seen through analysis of its advantages and disadvantages and how it can be applicable to Lithuanian civil procedure law. Research showed that national efforts to solve jurisdiction problems in the international civil procedure are not sufficient and (or) not effective. Thus first of all states must cooperate with each other and coordinate their positions.