"Pendente lite " should not be confused with " lis pendens " . " Lis pendens " also means " a pending lawsuit ", but " lis pendens " is a document filed in the public records of the county where particular real property is located stating that a pending lawsuit may affect the title to the property.
22.
Consequently, Gasser brought the same case before the Oberlandesgericht ( Higher Regional Court ) Innsbruck in Austria, where the question was eventually passed on to the European Court of Justice of whether or not the " lis pendens "-rule could override the parties'autonomous decision contained in their choice-of-court agreement and thus, if the abovementioned rule contained in Article 21 of the Convention was applicable or not.
