Pros And Cons Of Lis Alibi Pendens

When the defense of “lis alibi pendens” is raised in any matter, relevant issues are considered that help the court decide whether to discontinue the matter, strike out the matter or to continue hearing such a suit. One must note that because “lis alibi pendens” arises from international comity, the courts have the power of discretion in choosing to exercise jurisdiction or refusing to exercise the same when there is parallel litigation pending in another court .
The approach to “lis alibi pendens” differs from one jurisdiction to another, and as a result of the fact that the rules that regulate the defence are largely unwritten and the fact that there is no universal uniformity in the rules that govern the defence, this paper takes a look

Lord Diplock, in the leading judgment in the House of Lords (Lords Edmund-Davies, Keith and Templeman concurring) started by looking at other more familiar matters. What was the most appropriate forum for trial and would the plaintiff obtain any advantage from trial of the action in England? His Lordship concluded that Turkey was not only the country with which the matter litigated had the closest connections, but also the natural and appropriate forum from the point of view of convenience and expense. Neither of the parties had any connection with England, nor had the collision. In contrast, the Turkish element was very strong. It was a collision in Turkish waters between a Turkish ship, manned by a Turkish crew and a Cuban ship was manned by a Cuban crew, but piloted by a Turkish pilot. Turkey was clearly the most convenient and economic forum as regards the witnesses on the Turkish side. As far as the witnesses on the Cuban side were concerned there was little to choose between England and Turkey. These strong connections and factors of convenience came into