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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