التخلي عن الاختصاص القضائي الدولي الثابت للمحاكم الوطنية كوسيلة لفض تنازع الإجراءات القضائية

Abstract EN

The uniqueness of the national legislator of each country in setting the controls of its national jurisdiction to consider disputes of an international character led to the perception of conflict matters in the judicial jurisdiction between the courts of different countries, which later developed into a real conflict in judicial procedures between states، this is if the same lawsuit or a lawsuit related to it is filed in front of two courts in two different countries.

Hence, the need for mechanisms to coordinate between the independent legal systems of states so that the national judiciary accepts to relinquish jurisdiction in favor of a foreign court for considerations of coexistence between independent legal systems.

In this way, relinquishing jurisdiction became a mean to settle conflicts of judicial proceedings, which are filed before two courts located in two different countries, by either relinquishing jurisdiction in the case of the same dispute before a foreign court, or relinquishing jurisdiction in the event of connection with another under consideration case before a foreign court.

The process of relinquishing jurisdiction faced great difficulty when it collided with the principle of the territorial sovereignty of the state, which led to national courts clinging to their international jurisdiction, and not accepting the abandonment in favor of the courts of another country, even if this would lead to conflicting and contradictory provisions at the international level, the matter has evolved in the jurisprudence of private international law, which is the stage of the transition from a strict adherence to jurisdiction based on sovereignty, to an acceptance of giving up jurisdiction in certain cases without prejudice to the principle and considerations of national sovereignty for the coexistence and coordination of legal systems.

As a result of the globalization phenomenon growth and the decline of the state sovereignty principle, abandonment of jurisdiction does not stand at the sovereignty of the state، rather, the courts of the world countries are seen as being all located in one world and one environment or in a single universal legal system, which resulted in the acceptance of relinquishing jurisdiction based purely on the litigant's will and desire to subject to the court of any country in the world without any restrictions related to sovereignty or association, and accepting to relinquish jurisdiction based on the idea of purely objective compatibility, free from the restrictions of the sovereignty principle as well.