Provisional Measures Suspending Parallel Proceedings
摘要
This chapter considers the provisional measures that suspend parallel proceedings. Section 2 defines the concept of parallel proceedings. Section 3 identifies the categories of parallel proceedings, including those in which only the forums differ, those in which only the requests for relief are identical, those in which only the parties are identical, and those in which only the facts of the case are identical. Section 4 explores the reasons for which the parties may initiate parallel proceedings, including the differences between treaty-based and contract-based claims, the rule of exhaustion of local remedies, and the fork in the road clause. This section also analyzes the three models of the parallel proceedings in China’s bilateral investment treaties under the fork in the road clause. Section 5 discusses the five mechanisms that deal with parallel proceedings, namely, jurisdiction- regulating mechanism, agreed coordination mechanism, hierarchical mechanism, first-in-time rule and the general mechanism. Section 6 examines provisional measures that suspend parallel proceedings and explores the types of parallel proceedings that can be suspended by provisional measures, namely parallel proceedings where the exclusive jurisdiction of the ICSID tribunals has been triggered, parallel proceedings that undermine the integrity of the arbitral proceedings, and the related proceedings that cannot be suspended.