Research On Parallel Procedures And Legal Regulations In International Commercial Arbitration

In recent years,the issue of parallel proceedings in international commercial arbitration has attracted more and more attention from the theoretical and practical circles of international law.It is not benefit for the parties,wastes the resources of dispute settlement agencies,and endangers the unification of the international legal system.Therefore,it is particularly important to regulate this issue.With the arbitration system invovled in which is mostly constructed on an arbitration agreement,the issue of parallel proceedings in international commercial arbitration is different in the extension and characteristics from the issue of parallel litigations.Therefore,this thesis observes this issue and effective regulation methods for it with the analyses on characteristics of arbitration system.And this thesis is mainly divided into four parts.The first part defines the concept of parallel proceedings in international commercial arbitration.The author defines its connotation with three key words,i.e."international","commercial" and "parallel proceedings".Then,the author gives an exposition of the constitutive elements of this issue,and then combs its main manifestations.The second part focuses on the juridical logic of the regulation of parallel proceedings in international commercial arbitration.On the basis of previous discussions,this thesis analyses the causes of this issue,then elaborates on the drawbacks of parallel proceedings in order to explain the necessity and inevitability of regulating this issue,and observes the value orientation embodied in the existing regulation methods as a whole.The third part elaborates the existing regulation methods.Limited to the major premise of international commercial arbitration,many of the regulatory methods applicable to parallel litigations are no longer suitable to this issue.Therefore,this paper focuses on elaborating the principle of competence-competence and anti-suit injunction which can effectively regulate this issue,and makes legislative and practical investigations on them respectively,then analyses their effectiveness.The fourth part is to establish and improve our country's regulations of parallel proceedings in international commercial arbitration.It is suggested that we should promote the application of the dual effect of the principle of competence-competence,coordinating the relationship between arbitral tribunals by using the principle of international comity to reduce the impact of parallel arbitration.Finally,the legislative and practical attitudes towards anti-suit injunction in China are discussed,and it is suggested that we should actively respond to the anti-suit injunctions issued by foreign courts/arbitral tribunals,and that it is feasible to establish the anti-suit injunction system in China.