Mar 01, 2019
Partner Emmanuel Gaillard (Paris-International Arbitration) authored an article titled “Coordination or Chaos: Do the Principles of Comity, Lis Pendens, and Res Judicata Apply to International Arbitration?” that was published by the American Review of International Arbitration on March 2019.
This article explores the complex web of relationships between arbitral tribunals and State courts, between two or more arbitral tribunals, and between State courts in different jurisdictions in relation to the same or related disputes involving an arbitration agreement. The article further examines whether and the extent to which, in each of these relationships, the principles of comity, lis pendens and res judicata, as well as recourse to anti-suit injunctions ensure coordination among the various legal orders. The analysis shows that arbitration can be understood as an organized system, or legal order, that can be considered in its own right by other legal orders and that cooperation through national courts in relation to arbitration is not the only, and possibly not the best, way to ensure harmony in the field.
View the full article “Coordination or chaos: do the principles of comity, lis pendens, and res judicata apply to international arbitration?”, 29-3(2019) American Review of International Arbitration, 205-242.