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Issues Concerning Parallel Proceedings In International Dispute Settlement

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Chapter Summary

The doctrine of forum non conveniens might offer a useful guide to both domestic and international arbitral tribunals dealing with transnational litigation in civil and commercial matters and related fields. A court or tribunal may refuse to exercise jurisdiction when a different court or tribunal is clearly more appropriate to decide the dispute. In order to properly apply a rule of law governing the conduct of parallel proceedings, a court or tribunal will have to establish, first, whether the seizure of that tribunal or of a parallel tribunal is bona fide or just a pretext to evade obligations or frustrate other parties' legitimate jurisdictional rights.

Keywords: forum non conveniens; international dispute settlement; International Law



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