International Civil And Commercial Litigation, First By The Court Of Appeals For The Principle

The principle of the first-claimed court is a way of settling parallel proceedings,which has significant impact to deel with conflict of international jurisdiction. It means the first claimed court has the jurisdiction over the case if the parallel proceeding has happened. The principle of the first-claimed court has been adopted by the civil law countries. It reflects the character of the civil law emphasizing the principle of neutrality, certainty and foreseeability which has advanced and reasonal legislative idea.Whereas some key issues must be settled while applying this principle:in which conditions this principle can be applied and excluded and the standard to decide the first claimed court. Many scholars has studied and done research on this subject. The scholars of western country pay a lot attention on the study the principle of first claimed court in the context of Brussels Covention of 1968. While the scholar of our country seldom specially study the principle, their discussion about this principle usually can be seen on the book or article about the international jurisdiction.This paper will first introduce the basic theory of the principle of first claimed court and the practice of applying this principle in the international area. And then discuss and analize the conditions and standard to apply this principle. Lastly,based on the above discussion, put forward some suggestion to reforming the jurisdiction system of china.