Similarity in the Eye of the Beholder: Revisiting the Application of Rules Governing Jurisdictional Conflicts in the Lauder/CME Cases

21 Pages Posted: 8 Jul 2007

See all articles by Yuval Shany

Yuval Shany

Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology; Israel Democracy Institute

Abstract

Although an identifiable body of law governing jurisdictional relations among international judicial institutions has emerged in recent decades, the Lauder/CME cases, which involved closely connected parallel proceedings before different arbitration tribunals, reveal a crucial limit on the application of jurisdiction-regulating rules - the unclear scope of the 'same proceedings' requirement, which underlies jurisdiction regulation.

Arguably, the Lauder/CME cases are indicative of a wider trend to erode or circumvent the application of jurisdiction-regulating rules through emphasizing differences between related claims in order to justify the existence of multiple proceedings. This trend, which coincides with other disintegrative techniques designed to separate complex multi-faceted disputes into distinct 'mini-disputes', has considerable theoretical and practical implications given the ever-growing complexity of international disputes and the increased propensity to refer them to international adjudication and arbitration.

Keywords: International arbitration, jurisdiction, same parties, same issues, parallel proceedings, investment law, international courts, international tribunals, abuse of right, comity, lis pendens, res judicata

Suggested Citation

Shany, Yuval, Similarity in the Eye of the Beholder: Revisiting the Application of Rules Governing Jurisdictional Conflicts in the Lauder/CME Cases. Hebrew University International Law Research Paper No. 10-07, Available at SSRN: https://ssrn.com/abstract=999021 or http://dx.doi.org/10.2139/ssrn.999021

Yuval Shany (Contact Author)

Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology ( email )

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