Lis pendens in private international law

Lis pendens is a situation in which cases involving the same parties and the same cause of action are pending at the same time in front of competent courts of different states. In general manner, it includes international parallel proceedings involving the same parties and the same cause of action between state courts in different countries, between different arbitral tribunals or between a state court and an arbitral tribunal. The doctoral thesis titled "Lis Pendens in Private International Law" consists of three main subjects of study. In the first section, the concept of lis pendens was explained primarily. After then, other subjects which are closely related to the main topic such as res judicata, international parallel proceedings and lis pendens in international arbitration was discussed. In the second section, different approaches in comparative law in relation to lis pendens and international parallel proceedings were explained under three main topics which are the doctrine of lis pendens, the doctrine of forum non conveniens and anti-suit injunctions. While the first one is a civil law doctrine, the other two is generally accepted in common law countries. In the third section, the subject was examined within the scope of Turkish law. After reviewing the important aspects such as lis pendens under national civil procedural law, different approaches in relation to recognition of lis pendens under Turkish law, conditions of lis pendens and the discussions about legal characteristic of lis pendens under Turkish law, international agreements regulating lis pendens, to which Turkey is a party, were explained. After then, the subject was discussed in relation of Article 41 and Article 47/1 of the Turkish Code on Private International and Procedural Law.