Adjudication of Claims Related to Parallel Arbitration Prior to the Emergence of Disputes

Abstract

Today, cross-border commercial interactions and foreign investments have become one of the essential and inseparable components of trade, and the number of arbitration cases handled by major international commercial arbitration institutions has been increasing annually. The research method is descriptive–analytical, relying on library sources. At the same time, investment arbitration cases are becoming increasingly commonplace. This implies that the likelihood of parallel proceedings in the field of international arbitration is also on the rise. Therefore, any practitioner operating in international arbitration—whether in the commercial or investment sphere—must sufficiently take parallel proceedings into account. In this article, we examine solutions for addressing parallel claims based on agreements (explicit or implicit) between the parties prior to the emergence of disputes. As will be shown, these solutions are easily circumvented and thus do not constitute an effective tool for managing parallel proceedings.