Parallel Proceedings in International Arbitration ― A Comparative European Perspective

It seems against the logic of the parties舗 choice, either in litigation or arbitration, to pursue both dispute resolution methods at the same time. Yet the reasons and incentives to initiate parallel proceedings are manifold, and indeed such proceedings have proliferated in recent years. Parties舗 motivation to initiate a set of proceedings in parallel to proceedings already in progress usually boils down to the expectation that some other forum than the one before which proceedings have already been commenced might produce better results. In other words, the respective advantages to be expected in either litigating or arbitrating in a specific jurisdiction constitute the main motivation for initiating parallel proceedings.