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параллельные разбирательства (There is no universal definition of the term “parallel proceedings”, with the definition varying depending on the applicable legal regime. However, the International Law Association (ILA) helpfully describes it as:
“[P]roceedings pending before a national court or another arbitral tribunal in which the parties and one or more of the issues are the same or substantially the same as the ones before the arbitral tribunal in the Current Arbitration”.
In the context of investment disputes, a similar working definition has been used by the UNCITRAL Secretariat for the term “concurrent proceedings” – albeit acknowledging that different legal bases exist for assessing what amounts to the same. Certain tribunals have also used an approach consistent with this definition to identify whether parallel proceedings exist: by examining “whether the same or related parties and the same or related issues are in dispute” (in the putative parallel proceedings).
ICSID Tribunals have also used a comparable approach for the purposes of Article 26 of the ICSID Convention (on ICSID arbitration being an exclusive remedy), considering that “proceedings are parallel… when such proceedings deal with the same subject matter as the ICSID dispute”.
While parallel proceedings can occur in the context international commercial arbitration (e.g. if the existence or validity of an arbitration agreement is disputed, there may be concurrent court and arbitration proceedings), certain types of parallel proceedings have arisen and/or are prone to arise in investor-State arbitration due to features unique to it.  jusmundi.com 'More) |
