Mechanisms governing parallel proceedings management in international commercial courts

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Zohre safavi homami ¹ , mousa mousavi zonooz ² , seyed bagher mirabaasi ³

1 - PhD Student, Department of Law, UAE Branch, Islamic Azad University, Dubai, UAE
2 - Assistant Professor, Institute for Trade Studies and Research; Adjunct Professor, Department of Law, UAE Branch, Islamic Azad University
3 - دانشیار، استاد مدعو گروه حقوق واحد امارات، دانشگاه آزاد اسلامی، تهران، ایران، دبی، امارات متحده عربی( استاد مشاور)

Received: 2023-06-11 Accepted : 2023-12-14 Published : 2024-03-20

Keywords: recognition, judgments, verdict, enforcement, foreign arbitration, parallel arbitration,

Abstract :

The ultimate goal of arbitration is fulfilled only when this process can finally resolve the dispute of the parties. Therefore, the end of the proceedings through arbitration must necessarily mean the end of the dispute between the litigants. A conflict in the implementation of the arbitrator's decision is possible, in addition to eliminating the benefits of resolving the dispute in a peaceful manner, it may lead to greater complexity of the proceedings and dispute resolution. In general, through the application of principles such as the validity of the terminated matter, merger, pending litigation, clauses of irreversible selection, clauses of denial of benefits, suspension of the proceedings, parallel proceedings and consequently the conflict of rulings can be prevented to some extent; And if there is a conflict, since the recognition and enforcement of foreign arbitration rulings is in the territory and jurisdiction of the procedure of the country of execution, the ruling will be dealt with according to the legal system of that country. Therefore, the laws and procedures should take measures in a uniform and preventive manner to avoid this challenge and the litigants reach their final goal in an easier way than the proceedings and its formalities. Also, by concluding international treaties and creating uniform procedures in the field of international commercial arbitration, we can hope to find a solution to the problem. In this article, the authors will refer to the explanation of the topic in a descriptive and analytical way.