Facts
- The dispute concerns the succession of an Italian national domiciled in Italy, who passed away on 24 January 2003. His sole heirs are his wife and daughter. - Disputes having arisen regarding the settlement of the succession, the heirs concluded on 18 February 2004 a settlement agreement providing, in particular, for the transfer of certain assets to the daughter and the conclusion of a succession pact. - Convinced that assets or gifts had been concealed from her, the daughter filed a petition for inheritance and partition with the Tribunal of Turin (Italy), challenging the validity of the 18 February 2004 agreement. - The wife then filed an action for a declaration of the validity of this agreement before the Court of First Instance of Geneva.Considerations
- The Cour de justice of Geneva upheld the wife's plea of international lis pendens, on the grounds that the two proceedings concern the same issue, namely the validity of the 18 February 2004 agreement, which is at the heart of both disputes. - Although the agreement contains a jurisdiction clause in favour of the Geneva courts, this does not prevent the application of international lis pendens governed by the Convention…