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

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

Name: Parallel Proceedings in International Arbitration: Theoretical Analysis and the Search for Practical Solutions
Brand: Brill Nijhoff
SKU: 9789004694309
Price: 265.33 HKD
Availability: InStock
Author: Salim Moollan
ISBN: 9789004694309

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.

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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