Study Of International Parallel Proceedings

In international civil proceedings, it is common that courts of different countries have jurisdiction over the same dispute simultaneously, especially in an era of increasing international trade and commerce. In that case, parallel litigations emerge if parties file actions in two or more courts which may exercise jurisdiction. As a result of the conflict of international civil procedural laws in various countries, parallel litigation directly relates to judicial sovereignty, forum convenience, and litigious rights of parties, as well. The appropriate solution to parallel litigation is of great importance to construct and develop the new civil and commercial order in international community. However, the judicial practices and regulations vary in different countries, and there is no multilateral convention generally accepted to realize effective regulation of international parallel litigation.Along with the continuous enhancement of Open Policy in China, the foreign-related civil and commercial intercourses increase rapidly. International parallel litigations which involve Chinese parties gradually increase. However, the absence of legislation and case law severely affects the protection for the interests of Chinese parties, and moreover, lets the Chinese courts at loose ends when they encounter these cases. Thus, it is necessary to enact an effective system to regulate international parallel litigation. In order to benefit the judicial practice in China, we may probe into the basic theory of international parallel litigation, and take the legislations of other countries for reference.The thesis is composed of 4 sections, over 40,000 words, covers the causes and effects of international parallel litigation, domestic regulation of different countries, international practice to resolve the problem, and the actuality and consummation of the system in China.Section I : the Theoretical Analysis of Parallel Litigation. Firstly, the author defines international parallel litigation, that is, cases over the same dispute are filed in and accepted by over two courts in...