| With the rapid development of international economy and economicintegration, the interaction between nations is keeping increasing, and thenumber of disputes is also inevitably growing. It is possible that several nationswill share the jurisdiction of the same case. In order to expand its own rights tomaximum extent, both parties may choose to file the case to different courts ofdifferent countries since the law of each country is various. Thus the conflict ofjurisdiction of different countries will appear. The proper jurisdiction of the caseis an important premise to carry out the subsequent process. If several courtsbegin to hear the same case in the same time, it will not only waste the sourceof litigation and entangle the case, but also waste time because the decisionmay be refused to implement out of its own the territory. And it certainly can`thelp to protect the rights of parties.This article is aimed at discussing parallel proceeding. In this article, theauthor analyzes and compares four main methods that dealing with parallelproceeding. And it also introduces various cases to demonstrate. The article isdivided into four parts. The first part is a general introduction of parallelproceeding, including the definition and type of parallel proceeding, and it alsobriefly explains the cause of parallel proceeding. The second part is the keypart of this article. In this part, the author discusses four methods, which arefirst-sized court approach, doctrine of forum non conveniens, admitexpectation and anti-suit injunction. While introducing first-sized courtapproach, the author explains its definition, its elements and brings a briefvaluation. For forum non conveniens, besides the fundamental introduction,the author uses relative international treaties to discuss its application,especially its elements. And then the author presents the possibility ofapplication of admit expectation. At last the author discusses the standard ofanti-suit injunction. The third part is relative regulations of parallel proceedingof PRC. In this part, the author first introduces the current situation. And then brings in legislation of other countries and carries out contemplation to furtherdevelopment, suggesting that bringing in first-sized court approach while usingadmit expectation, importing forum non conveniens and taking anti-suitinjuction as a supplementary method. The last part is the summary of thewhole article. |
