A Clash of Treaties Nevertheless, given that the ECJ so held that Article 6 considerations were irrelevant, there may be further legal implications, particularly for the Austrian Court which was required to stay its proceedings under the Brussels Convention. Tip: Suggest Improvements for college paperss Future It may be that, in the phd writing of the research for your dissertation, phd writing, you discover previous decisions and actions that may happen again in the future. Future Application The ECtHR has held that a failure by a national court to make a preliminary reference to the ECJ could be a breach of Article 6 ECHR in certain circumstances. Endnotes Soc Divagsa v Spain (1993) 74 DR 274. Conflict with Forum non Conveniens An export of Scots phd writing, forum non conveniens was accepted into English law in Spiliada Maritime Corporation v Cansulex Ltd, becoming indistinguishable from Scots law. First Limb of Spiliada As noted, phd writing, there are various phd writings which can justify delay under Article 6. Endnotes Sim v Robinow (1892) 19 R 665. Second Limb of Spiliada Delay in the foreign forum is a fundamental consideration when determining the interests of justice at the second limb of the Spiliada test and may even be decisive if the anticipated delay is excessive, writing phd.
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