This book depicts and evaluates, in a European context, the pleas and actions which parties may make use of to dissolve the parallel jurisdiction of a national court and an arbitral tribunal. The author undertakes a thorough comparative analysis of the motivations for, and practice of, such pleas and actions with special regard to the major hubs where elaborate arbitration laws are tried and tested by the arbitration community - Germany, France, Switzerland, and England. 0On the basis of four scenarios of parallel proceedings before national courts and arbitral tribunals, the analysis tackles such issues and topics as the following: motivations for initiating parallel proceedings from the various parties' perspectives; remedies available to parties in situations of jurisdictional conflicts; effect of the principle of competence-competence on national courts' review of arbitration agreements; pleas restricting national courts' exercise of jurisdiction to a review of core principles (arbitration defence); self-restraining pleas independent of an arbitration agreement (plea of litispendence); actions for declaratory relief; actions aimed at restraining another court's or tribunal's jurisdiction (anti-suit/anti-arbitration injunctions); pleas invoked to avoid procedural inefficiencies and inconsistencies (plea of res judicata); counsel's duty of care and arbitral tribunal's mandate to issue an enforceable award; and litigation culture versus arbitration-friendliness.

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

The volume “Parallel Proceedings in Investment Arbitration” is a monograph directed both to scholars and practitioners working on international law and international arbitration, which analyzes one of the most relevant issues of investment arbitration, which has extremely important practical consequences. Starting from an analysis of the sources of parallel proceedings and from a study of the reasons for the proliferation of international investment arbitrations arising from the same facts, “Parallel Proceedings in Investment Arbitration” argues that - at the admissibility stage of arbitral proceedings - the application of certain principles (namely abuse of process, res judicata and collateral estoppel) could, if such principles are broadly interpreted, offer practical solutions to the issue. Such an interpretation finds support in several awards and legal writings and the conclusions reached in the book are highly desirable from the perspective of investment arbitration as a public means of disputes settlement.Giovanni Zarra is a researcher and lecturer in international arbitration, international commercial law and private international law at the University of Naples Federico II. He holds a PhD in international disputes settlement at the University of Naples Federico II, during which he was supervised by Prof. Massimo Iovane and Loukas A. Mistelis. He also holds an LLM (with distinction) in International and Comparative Dispute Resolution at Queen Mary University of London and is the author of several publications (both in Italian and English) on subjects related to international arbitration, transnational litigation, private international law and international commercial law.

In recent years, international commercial arbitration procedures have made great strides to bring into line different traditions of law and practice. But considerable problems remain. the aim of this new Dossier by the ICC Institute of World Business Law, is to give the reader a thorough picture of the practical issues raised by the conflicts arising when there is more than one arbitration and when commercial arbitrations run in parallel with state legal procedures. This is the third in a series of Dossiers from the Institute. See also Arbitration - Money Laundering, Corruption and Fraud and Arbitration and Oral Evidence. The issues, When a commercial arbitration takes place along with other commercial or investment arbitrations or legal proceedings a number of sensitive issues are raised: The same dispute can lead to contradictory awards. There is a risk of arbitral forum shopping, which can generate public policy problems. Issues of waiver and estoppel can arise. There is a need for both arbitrators and practitioners to better understand these conflicts and why they need to be addressed. the present volume lays out the issues in a transparent, easy-to-understand way. The authors Written by expert arbitrators and practitioners, some of whom are affiliated with ICCs Court of Arbitration, one of the worlds oldest and most respected arbitration institutions, Parallel Procedures is an indispensable guide for arbitrators, lawyers and anyone with an interest in arbitration procedures.

The School of International Arbitration of the Centre for Commercial Law Studies at Queen Mary University of London celebrated its 30th anniversary in April 2015 with a major conference featuring presentations by 35 international arbitration practitioners and scholars from many countries representing a variety of legal systems. This volume has emerged from that conference. What is striking is not only the range and diversity of the topics examined but also the emergence of new subjects for examination, demonstrating that arbitration law and practice do not stand still but are constantly evolving. The issues and topics covered include the following: - Evolution of case law and practice in international arbitration; - The concept and autonomy of arbitral award; - Parties in international arbitration; - Parallel proceedings in international arbitration; - Court review of arbitration awards; - Geographic expansion of international arbitration; - Counsel regulation and conflicts disclosures; - The use of technology in international arbitration; - Teaching and research in international arbitration. This superbly organised and edited volume, like earlier conference volumes from the School of International Arbitration, is sure to be welcomed and acclaimed, and like them will prove of lasting value.

The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.

Written by today’s leading arbitrators and counsel, this remarkably candid guide provides insight into the practitioner’s approach, conduct, style, and techniques that have proven most effective. While the facts and the law are fundamental, a successful outcome is the product of painstaking document review, witness interviews, legal research, strategizing and focusing the case, and developing compelling written and oral presentations. How to properly perform these tasks is the subject of this book. And where the first edition focused mainly on the cultural differences in advocacy performed in various regions of the world, this new edition expands on this theme by addressing each functional aspect of an international arbitration and the techniques that have been developed for good written and oral advocacy. Intended to assist both the novice in learning the techniques of advocacy, and the experienced advocate in improving his skills, this is an essential reference.