Multiplicity of defendants and its impact on the jurisdiction of national judicial authorities

Abstract

This article addresses the issue of multiplicity of defendants and its effect on the jurisdiction of national judicial authorities, particularly within the framework of private international law. It highlights the challenges that arise when a legal dispute involves more than one defendant, especially when the parties are located in different jurisdictions or countries. Such situations often lead to fragmented litigation and may result in conflicting judgments. Some comparative legal systems have adopted the principle of connection as a mechanism to expand the jurisdiction of national courts. This aims to ensure the unity of legal proceedings, prevent contradictions in judgments, and promote procedural efficiency. Under this principle, a national court may hear a case involving multiple defendants, provided that certain conditions are met. These include a shared legal basis for the claims, the existence of actual multiplicity, and a legal connection among the claims. The article sheds light on the position of the Algerian legislator, who has adopted this approach. Procedural principles have been extended from the domestic context to private international law. This reflects a balance between judicial sovereignty and the requirements of international justice.