EU법상 국제소송 경합의 처리와 우리 법에 대한 시사점- 브뤼셀 규정과 최근 ECJ 판결들에 대한 검토를 중심으로 -

Abstract

In connection with the concurrent international jurisdictions, the civil law sticks to the strict lis pendens rules where there is pending case before one national court, the second national court has no jurisdiction, whereas the common law attempts to assign the case to the most appropriate national court by way of applying forum non conveniens principle and enforcing the anti-suit injunctions. EU has enacted Brussels Regulation which has adopted the lis pendens principle in resolving the concurrent international jurisdictions. Accordingly, the ECJ has interpreted and applied the Brussels Regulations in line with the strict lis pendens principle while excluding any common law considerations as shown in Owusu v Jackson case, Erich Gasser v MISAT case and West Tankers case. However, recently, there has been discussion of harmonizing the approaches of civil law and common law such as the Proposal on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(2010) in order to provide the reasonable solutions to the concurrent international jurisdiction issues. Korean courts and academics usually take the view of the anticipated recognition theory which is in line with the civil law approach. The Korean law community needs to pay more attention to the discussion held in relation to the EU rules and precedents in this regard in amending the Conflict of Law Act and the court’s rulings resolving these issues.