Lis Alibi Pendens In International Arbitration

Pranav Das, UPES, Dehradun

ABSTRACT

When a case involving the identical claim is already ongoing before an adjudicating authority in another jurisdiction, how should State courts and arbitral tribunals treat it. This issue of international lis pendens has generated debate for a very long time. financial globalisation has sparked a dramatic rise in the number of international arbitrations, which has brought forward new challenges including venue shopping and the relationship between arbitration and litigation. Parallel procedures and the many responses thereto over the past ten years have been among of the international arbitration community's most talked-about issues. Researchers and practitioners have worked hard in recent years to come up with sound answers to the lis alibi pendens issues that now plague arbitration. There may be concurrent hearings between several adjudicating bodies. Nevertheless, because it is well recognised that the lis pendens doctrine has rarely been defined, the research looked to academic publications and case law to ascertain its acceptance and content. It is crucial to remember that the lis pendens was initially thought of as a tool created to control domestic parallel court procedures. The paper comes to a conclusion by making the case that, according to civil law tradition, lis pendens is recognised as a separate concept in international commercial arbitration because it shares the same claim of being heard in many venues at once. In contrast, lis alibi pendens in common law jurisdictions is not recognised as a doctrine but rather as one of numerous contributing elements. Both civil and common law need identity between various parties and their claims to constitute lis pendens in two proceedings, and therefore, they have a conform and deep understanding of the concept.