Parallel Proceedings in International Arbitration: Theoretical Analysis and the Search for Practical Solutions

Arbitration / Mediation / Litigation

Parallel Proceedings in International Arbitration: Theoretical Analysis and the Search for Practical Solutions

By Salim Moollan
Brill Nijhoff March 2024

Specifications

ISBN-13
9789004694309
Publisher
Brill Nijhoff
Publication
March 2024
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

The topic of parallel proceedings is a classical problem of international arbitration. There have however been few attempts at a structured theoretical approach to the subject, and the identification of solutions with a real impact in practice has proved elusive. This work aims to do both.

It starts by proposing a modern definition of the subject, integrating both the objective criterion of the type of proceedings involved and the subjective motivation for proceedings being pursued in parallel. This dual approach is then used to distinguish parallel proceedings which are inherent in any global system of dispute resolution, and thus unobjectionable, from undesirable parallel proceedings. There follows a systematic survey of the three categories of parallel proceedings that one may encounter in international arbitration.

The book concludes with a search for practical solutions for each of those categories, both incremental (that is, within the existing system of international dispute resolution) and systemic.

Table of Contents

Introduction
Defining the Subject: What are Parallel Proceedings in International Arbitration?
National Courts Versus International Arbitration Tribunals
Purely Commercial Disputes with no Investment Arbitration Element
Disputes with an investment Arbitration Element
Where to from Here? The Search for Practical Solutions
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