Parallel Proceedings in International Arbitration

Abstract

International arbitration has become the preferred mechanism for settlement of cross-border commercial disputes. This has led to new problems of forum shopping and issues concerning the interrelation between arbitration and litigation, with parallel proceedings being one of them. In recent years, scholars and practitioners have put considerable effort into finding sound solutions to problems of lis pendens in contemporary arbitration. 
Parallel proceedings may occur between a number of adjudicatory bodies. This paper mainly focuses on parallel proceedings in international commercial arbitration. It discusses lis pendens between (i) state courts and arbitral tribunals and (ii) two arbitral tribunals.