Resolving conflicts between commercial arbitration and other legal proceedings
In recent years, international commercial arbitration procedures have made great strides to align Parallel States and Arbitral Procedures within International arbitration. But considerable problems remain. The aim of this Dossier, the third in its Series, is to give the reader a thorough picture of the conflicts arising when commercial arbitrations run in parallel with state legal procedures. If commercial arbitration takes place alongside other commercial or investment arbitrations – or legal proceedings – a number of sensitive issues arise:
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 counsels 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.
Written by expert arbitrators and practitioners, some of whom are affiliated with ICC’s Court of Arbitration, one of the world’s oldest and most respected arbitration institutions, this book is an indispensable guide for arbitrators, lawyers and anyone with an interest in arbitration procedures.
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