Research On The Resolving System Of International Parallel Proceedings

As the process of economic globalization speeds up and international commercial exchanges become more frequent, the number of international civil cases increase rapidly. If the parties prosecute a same civil suit in different countries, it will be the international parallel proceedings. Although the parallel proceedings is convenient for the parties to prosecute a suit and providing adequate means of judicial relief to the parties, but it is undeniable that the parallel proceedings also brings some extent result in the protracted litigation and the waste of judicial resources, it not only affects the private interests of the parties but also the judicial efficiency, even the judicial system,national sovereignty and the commercial exchanges.Presently, many countries regulate parallel proceedings through legislation and judicial practices. Different countries may take different means to regulate the parallel proceedings. Common law countries used the flexible means such as "forum non convenience","lis alibi pendens","anti-suit injunction" to solve the international parallel proceedings, and civil law countries take the "recognition prognosis principle"to deal with such problems. In addition, "Brussels Convention", "Brussels, Bill", "Hague Convention", "Civil and Commercial Matters, the Convention on Jurisdiction and Foreign Judgments" (Draft), the Hague "Convention on choice of court agreements" and other international treaties provide some provisions for the international parallel proceedings. However, the international treaty about the international parallel proceedings which can be generally accepted by most countries in the world has not been formed.Now China does not have a complete theoretical system on the international parallel proceedings. We lack an effective and comprehensive international parallel proceedings settlement mechanism. In the legislative and judicial practice of the international parallel proceedings, China essentially adopted a laissez-faire attitude. Although China had taken part in few international treaties and bilateral treaties, little actual effect hade been received. With Chinese entrance to the World Trade Organization and the development of reform and opening , the chances of the international civil and commercial disputes will increase significantly, if the actuality of international parallel proceedings settlement mechanism goes on, it will hurt foreign investors' confidence to China's legal environment, and thus the long-term development of Chinese economy have a negative impact, therefore it is an urgent need to create the international parallel proceedings settlement mechanism according Chinese conditions.This article is divided into five parts, the first part is an overview of the international parallel proceedings including the definition of the international parallel proceedings,analysis of its types and advantages and disadvantages of it.The second part introduces the domestic regulating patterns of international parallel proceedings, inspect the regulations in some common law countries and civil law countries. The third part is, mainly inspect the international parallel litigation settlement mechanism in "Brussels Convention", "Brussels, Bill", "Hague Convention", "Civil and Commercial Matters, the Convention on Jurisdiction and Foreign Judgments" (Draft) and the Hague "Convention on choice of court agreement". The fourth part is the status of Chinese legislation and judicial practices, in addition author analysis the problems ours'. The fifths part introduces the blueprint of our international parallel proceedings settlement mechanism,including establishment closest relation principle,the international comity principle and the forum non convenience principle, besides these we can use the expectation theory suspend the lawsuit, and give enough respect to the agreement of different parties which is about the choice of forum and strengthen the international judicial assistance.