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What is Lis Pendens

Policies, Practices, and Protocols for International Commercial Arbitration
Lis Pendens Arbitralis refers to parallel and competing proceedings between international courts and tribunals, just as between international and domestic tribunals. The filing of a Lis pendens is a vital tool for protecting a party’s rights in enforcing a purchase and sale agreement for real estate, but if the claim at issue falls within a mandatory arbitration clause, the party may not have the right to file a Lis pendens.
Published in Chapter:
Arbitral Decisions from Around the World: A Brief Analysis
DOI: 10.4018/978-1-6684-4040-7.ch007
Abstract
According to the rules of the arbitration court, any agreement, submission, or reference made or evidenced in writing with a duly signed or unsigned document shall be deemed to have been agreed in by the parties. The parties agree that the arbitration court's rules must also be taken into account. More in-depth discussions are required to shed light on such topics as the legal framework for international arbitral awards, the form and contents of international arbitral awards, the correction, interpretation, and supplementation of international arbitral awards, the annulment of international arbitral awards, the recognition and enforcement of international arbitral awards, and the application of preclusion, Lis Pendis, and Stare Decisis in international arbitration awards. The purpose of this chapter is to present these within the legal framework of specific arbitral courts, most notably the London Court of International Arbitration.
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