Title V: Means of defence.

If the same dispute is pending before two courts of the same level equally competent to hear it, the court second seised must decline jurisdiction in favour of the other if one of the parties so requests. Failing that, it may do so of its own motion.

If there is such a connection between cases brought before two separate courts that it is in the interests of good justice to have them heard and determined together, one of those courts may be asked to decline jurisdiction and to refer the hearing of the case as it stands to the other court.

Where the courts seised are not of the same level, a plea of lis pendens or connexity may only be raised before the court of the lower level.

The connexity plea may be raised in any event, unless it is set aside if it was raised belatedly with dilatory intent.

Appeals against rulings on lis pendens or related actions by courts of first instance are lodged and decided in the same way as for pleas of lack of jurisdiction. In the event of multiple appeals, the decision rests with the court of appeal first seised which, if it grants the objection, assigns the case to those courts which, according to the circumstances, appear best placed to hear it.

A decision on the plea either by the court seised of it or following an appeal shall be binding both on the referring court and on the court whose dismissal is ordered.

In the event that the two courts have declined jurisdiction, the later decision shall be considered null and void.

If difficulties arise on the connection between different formations of the same court, they are settled without formality by the president. His decision is a measure of judicial administration.