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Lis Alibi Pendens in International Arbitration

Authors: Paulo Fernando Pinheiro Machado;

Lis Alibi Pendens in International Arbitration

Abstract

This article argues that cases of lis alibi pendens are offensive to Natural Justice, in particular to the principles of finality and that of nemo debet bis vexari pro una et eaudem causa. In no system of law is litispendence tolerated and international arbitration should be no exception. The advantage of international arbitration is its flexibility, which allows it to solve problems of litispendence by blending the solutions devised by different legal systems. In this sense, it is submitted, the best approach for an arbitral tribunal faced with an issue of lis pendens would be to use a mix of the tools developed by the common law with those by the civil law. This solution can greatly improve the legitimacy and reputation of the international arbitral system, by reducing the scope of forum shopping and outlawing the use of parallel proceedings as vexatious tactics.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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