Abstract
This Article examines parallel proceedings in international commercial disputes, focusing on situations in which the same parties and substantially the same issues are simultaneously before a national court and an arbitral tribunal. It surveys the principal tools that jurisdictions have developed to address this problem, including the priority-in-time rule, the prioritization of arbitral tribunals, tolerance of parallel proceedings, anti-suit injunctions, and anti-arbitration injunctions. After evaluating the strengths and weaknesses of each approach, the Article argues that prioritizing arbitral tribunals provides the most coherent and workable framework for managing such conflicts. In particular, the model of granting full priority to arbitral tribunals best accords with the competence competence principle, respects party autonomy, discourages forum shopping, reduces the risk of inconsistent decisions, and enhances predictability in international dispute resolution. Although this approach may delay recourse to national courts in certain circumstances, the Article contends that its benefits outweigh its costs and that it represents a meaningful step toward a more autonomous, consistent, and efficient system of international commercial arbitration.
Recommended Citation
Joanna Ma,
Parallel Proceedings between International Commercial Litigation and Arbitration: Existing Tools and Comparative Perspective,
46
Nw. J. Int'l L. & Bus.
123
(2026).
https://scholarlycommons.law.northwestern.edu/njilb/vol46/iss1/4
Included in
Commercial Law Commons, Dispute Resolution and Arbitration Commons, International Law Commons, Litigation Commons
