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
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
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