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Full-Text Articles in Law
Parallel Proceedings And International Commercial Arbitration: The International Law Association's Recommendations For Arbitrators, Winnie Ma
Winnie Ma
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 jurisdictions. 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 …
Challenges To Forum Non Conveniens, Ronald A. Brand
Challenges To Forum Non Conveniens, Ronald A. Brand
Articles
This paper was originally prepared for a Panel on Regulating Forum Shopping: Courts’ Use of Forum Non Conveniens in Transnational Litigation at the 18th Annual Herbert Rubin and Justice Rose Luttan Rubin International Law Symposium: Tug of War: The Tension Between Regulation and International Cooperation, held at New York University School of Law, October 25, 2012. The doctrines of forum non conveniens and lis alibi pendens have marked a significant difference in approach to parallel litigation in the common law and civil law worlds, respectively. The forum non conveniens doctrine has recently taken a beating. This has come (1) in …