Parallel arbitration in international trade law and ways out of it with emphasis on jurisprudence
Subject Areas : International Legal Research
zohreh
safavi homami
1
(PhD Student, Department of Law, UAE Branch, Islamic Azad University, Dubai, UAE.)
mosa
mosavi zenoz
2
(Assistant Professor, Institute of Business Studies and Research; Visiting Assistant Professor, Department of Law, Islamic Azad University, UAE Branch. (Corresponding Author))
seyed baqer
mirabbasi
3
(Professor, Faculty of Law and Political Science, University of Tehran, Visiting Professor, Department of Law, UAE Branch, Islamic Azad University, Tehran, Iran, Dubai, United Arab Emirates)
Keywords: International trade, Dispute, Arbitration, Parallel Litigation,
Abstract :
Background and Aim: The case is heard in two or more courts in parallel for various reasons, including the confidentiality of the arbitration process and it is done quickly and at a lower cost. These advantages have led to a serious challenge, which is parallel and multiple handling, which seems to be open to criticism. The arbitration process may be accompanied by another arbitration or simultaneous adjudication in a national or international court.Method: In this article, the authors will explain the subject in a descriptive-analytical manner.Findings and Results: Among the disadvantages of this method are the delay in the proceedings and the increase in costs and the issuance of contradictory verdicts. Parallel litigation can also violate the principle of legal certainty and challenge the validity of arbitration as a form of dispute resolution. The purpose of arbitration is achieved only when it can resolve the dispute between the parties. If, when there is a dispute in the proper examination, a similar or identical claim is under consideration in another arbitral tribunal or there is a possibility that it will be presented in another court, the arbitral tribunal has failed to fulfill its purpose and mission.
_||_