Overview

The topic of parallel proceedings is a classical problem of international arbitration. There have however been few attempts at a structured theoretical approach to the subject, and the identification of solutions with a real impact in practice has proved elusive. This work aims to do both. It starts by proposing a modern definition of the subject, integrating both the objective criterion of the type of proceedings involved and the subjective motivation for proceedings being pursued in parallel. This dual approach is then used to distinguish parallel proceedings which are inherent in any global system of dispute resolution, and thus unobjectionable, from undesirable parallel proceedings. There follows a systematic survey of the three categories of parallel proceedings that one may encounter in international arbitration. The book concludes with a search for practical solutions for each of those categories, both incremental (that is, within the existing system of international dispute resolution) and systemic.

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9789004694309

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Salim Moollan KC is a barrister called to the Bars of England and Wales and of Mauritius. He has acted as Counsel in many high profile investment and commercial arbitration cases (White Industries v. India, Philip Morris v. Australia, Cairn Energy v. India, Crescent Petroleum v. NIOC), and frequently sits as arbitrator in investment and commercial arbitrations. He has chaired UNCITRAL and is a Visiting Professor in International Arbitration Law at King’s College London.

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