Transnational litigation and international arbitration

ia transnational arbitration


This article was originally published in the May 2017 edition of the International Bar Association’s International Litigation Newsletter.


It is not unusual for a commercial dispute between international parties to play out in more than one jurisdiction. In fact, there is abundant jurisprudence in the fields of international commercial arbitration and transnational litigation that sets out principles that apply in exactly these circumstances.

Where there are parallel proceedings in different foreign jurisdictions, the local courts (and sometimes arbitral tribunals) are often approached for anti-suit or anti-arbitration injunctions, or for a stay of civil litigation (in aid of arbitration). In the Australian courts, as in the courts of many countries around the world, it is a prerequisite to a stay that the applicant establish prima facie an enforceable arbitration agreement.


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This article has been reproduced with permission from the International Bar Association (IBA). For further information please visit: www.ibanet.org

 




The content of this publication is for reference purposes only. It is current at the date of publication. This content does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication.


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