A Hague Convention on Parallel Proceedings

Harvard International Law Journal Online, v. 63 (2022)

U. of Pittsburgh Legal Studies Research Paper No. 2021-23

11 Pages Posted: 28 Jul 2021 Last revised: 1 Mar 2022

See all articles by Paul Herrup

Paul Herrup

affiliation not provided to SSRN

Ronald A. Brand

University of Pittsburgh - School of Law

Date Written: July 27, 2021

Abstract

The Hague Conference on Private International Law has engaged in a series of projects that, if successful, could provide the framework for critical aspects of trans-national litigation in the Twenty-first Century. Thus far, the work has resulted in the 2005 Hague Convention on Choice of Court Agreements and the 2019 Hague Convention on the Recognition and Enforcement of Judgments in Civil or Commercial Matters. Work now has begun to examine the need, desirability and feasibility of additional instruments in the area, with discussions of an instrument that would either require or prohibit the exercise of jurisdiction by national courts, and of an instrument that would channel parallel proceedings to a “better’ forum. The authors of this brief article advance the view that a convention regulating jurisdiction is not a good approach, but that an instrument finding a “better” forum in parallel proceedings, constructed on an open-minded and non-dogmatic basis, is needed, desirable, and feasible.

Keywords: Hague Convention, private international law, international law, treaties, comparative law, European Union Law, international economic law, international trade law, conflict of laws, forum non conveniens, lis pendens, jurisdiction, judgments recognition, Hague Conference on Private International Law

JEL Classification: K19, K33

Suggested Citation

Herrup, Paul and Brand, Ronald A., A Hague Convention on Parallel Proceedings (July 27, 2021). Harvard International Law Journal Online, v. 63 (2022), U. of Pittsburgh Legal Studies Research Paper No. 2021-23, Available at SSRN: https://ssrn.com/abstract=3894502 or http://dx.doi.org/10.2139/ssrn.3894502

Paul Herrup

affiliation not provided to SSRN

Ronald A. Brand (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States

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