The Investigation, Prosecution, and Resolution of Parallel Proceedings

6 Baku St. U. L.Rev. 119 (2020)
Article language: Azerbaijani.

Taking into consideration that there is a considerable amount of international courts and tribunals, this article explores both theoretical and practical approaches to the problem of parallel proceedings in international dispute settlement and tries to investigate its nature, (il)legality, and (im)possible solutions. Parallel proceedings arise wherever the same or a related dispute is submitted concurrently to more than one forum (arbitral tribunal or court) for resolution1 and constitute a breach of public international law. In this regard, the article examines consequences of parallel proceedings and harmful results to the dispute settlement process itself and the parties as well as tries to find fruitful solutions to this issue by analyzing the legislation of different countries, the general principles of law recognized by civilized nations, judicial doctrines such as judicial propriety and judicial comity, decisions of (inter)national courts and tribunals, works of a number of authors, different views on the issue and different practices adopted in the world. In conclusion, the article summarizes all the positions studied on the issue and expresses the attitude towards this concern and its law-violating nature.

Bu post həm də digər dildə mövcuddur: Azərbaycanca