A Study On Legal Regulation Of Parallel Proceedings In International Civil And Commercial Litigation

With the rapid development of economic globalization and cross-border civil and commercial exchanges becoming more frequent, a direct result of a large number of international civil and commercial disputes has generated. Legal system there are differences between countries, the parties to the civil and commercial disputes in different countries tend to consider their own interests, but also because the majority of the national judicial system itself allows the parties free to choose the court, which leads to the generation of the parallel proceedings in International civil and commercial litigation. Even parallel proceedings in litigation on the parties to provide a certain convenience, in some cases it can make the parties to obtain the necessary judicial relief, but on the other hand, the generation of the parallel proceedings tend to make the claim of the parties to the risk of conflicting judgments, and cause too heavy of a burden of litigation resulting in judicial resources and the parties. Meantime it will bring the difficulty to national recognition and enforcement of foreign judgments.It takes empirical analysis, comparative analysis and other methods to define the concept, cause and pros and cons of international civil and commercial Litigation Concurrence, then, by analyzing the existing national laws and international treaty to take legal regulation and methods of parallel proceedings in international civil and commercial litigation. On the base of that, in-depth analysis on the status quo of China’s regulation and control of parallel proceedings in international civil and commercial litigation and by learning from the advanced experience of all countries, giving suggestions of completing the regulation and methods of parallel proceedings in civil and commercial litigation.This paper is divided into four chapters:The first chapter is an overview of parallel proceedingsThis chapter starts definition of parallel proceedings in international civil and commercial litigation in the domestic legislation and international treaties, formulating the basic concepts of parallel proceedings in international civil and commercial litigation. Then analyze the causes of parallel proceedings in international civil and commercial litigation, and accordingly makes further discussion of the legal consequences brought by parallel proceedings in international civil and commercial litigation, and reveals the necessary for regulation of parallel proceedings.The second chapter mainly analyzes the judicial practice of each country and the provisions of the national legislation on international civil and commercial litigation concurrence. Combining with the practice of countries in their national legislation analyze three regulation mode commonly used today for most of the countries, that Italian takes negative regulation mode, the civil law countries take the expected pattern recognition and common law countries admit discretionary mode. Meantime make a comparative study of the three regulation mode.The third chapter analyzes the regulation methods and practices of international community about the international civil and commercial litigation concurrence. Among the relevant legislation of the international community particularly elaborates the regulation methods about international civil and commercial litigation concurrence in System of the Brussels Convention and System of the Hague Convention.The forth chapter discusses the international civil and commercial litigation concurrence regulatory situation and the improvement recommendations in China. Which then make the analysis of regulatory status quo mainly by the following aspects:that domestic legislation and related regulations, the regulation about the litigation concurrence in China’s concluded bilateral civil and commercial judicial assistance agreements, the regulation about the litigation concurrence in the relevant international treaties which China participates, the attitude of treating international civil and commercial matter litigation concurrence in China’s judicial practice and our academic point of view, etc. Then raise further six recommendations to improve China’s international civil and commercial litigation concurrence regulation methods, Including the admit combination of the Expected Pattern and the first Court of Appeal mode as a basic method of handling international civil and commercial litigation Concurrence, and the introduction of the Inconvenient Court Principle as auxiliary method to regulate parallel proceedings in international civil and commercial litigation.