Date of publication: 2017-08-30 11:38
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Such an indirect breach is clearly not justifiable on the ground that Austria is party to the Brussels Convention or Regulation made under the European Treaties. Hence, the judgment may lead to a clash between the ECHR and Brussels Convention or Regulation. This in turn raises the questions of how and to what extent the Brussels Convention or Regulation could have been interpreted to give effect to Article 6.
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. Framework under Article 6
. Conflict with Lis Pendens: Erich Gasser
. Delay in the Italian Court
. A Clash of Treaties
. Future Application
. Conflict with Forum non Conveniens
. General Operation
. First Limb of Spiliada
. Second Limb of Spiliada
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Similar techniques to that employed by Lord Bingham have been used in other forum non conveniens cases. For example, in The Polessk, the extent to which evidence showed the right to a fair trial in the St. Petersberg Court was considered under the second limb of the Spiliada test. Moreover, as discussed, reasonable delay has been considered consistently, although somewhat effectively, within this second stage of Spiliada.