Parallel Proceedings and International Commercial Arbitration: The International Law Association’s Recommendations for Arbitrators

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Abstract

In 2006 the International Law Association adopted various recommendations to facilitate consistency in the arbitrators' approach to parallel proceedings. The ILA confirms the possibility of parallel judicial and arbitral proceedings notwithstanding the persistent debate on whether the arbitral tribunals or the state courts should have priority in determining arbitral jurisdiction. By widening the definition of parallel proceedings to include related proceedings involving substantially the same parties and issues, the ILA provides different recommendations for different types of parallel proceedings. These recommendations advise arbitrators to consider the interests of arbitral efficiency and the possibility of
annulment when deciding whether to exercise or decline their jurisdiction. Through a critical analysis of the ILA recommendations, this paper explores the debate surrounding the parallelism between arbitration and litigation, the adaptability of the principles governing parallel litigation to arbitration (specifically lis pendens and forum non conveniens), as well as the controversy of whether the principles governing parallel proceedings should pertain to Assistant Professor, Bond University Faculty of Law. I would like to thank Matthew Cantatore for assisting me in the research of this paper. I am also grateful to Emeritus Professor Mary Hiscock for her comments on a draft of this paper.
Original languageEnglish
Pages (from-to)49-82
JournalContemporary Asia Arbitration Journal
Volume2
Issue number1
Publication statusPublished - 2009

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