Примеры использования Parallel proceedings на Английском языке и их переводы на Русский язык
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Colloquial
Advising on the arbitration strategy and parallel proceedings;
This note does not address parallel proceedings in commercial arbitrations.
The following tools are most often used to counteract parallel proceedings.
The link between parallel proceedings is not a common debtor, but rather that the debtors are all members of the same enterprise group.
Representation of clients in arbitration proceedings and parallel proceedings;
As a result, heirs could be involved in parallel proceedings in multiple jurisdictions for the same inheritance.
Increased coordination is required in order to develop tools andmechanisms to avoid parallel proceedings.
The first involved parallel proceedings for multiple group members requiring coordination of those multiple proceedings the"horizontal scenario.
If the owner litigated against STA,could STA commence parallel proceedings against the agent?
The necessity for parallel proceedings in various jurisdictions extends the duration of cases, absorbs resources and renders the process inefficient.
Since none of the above mechanisms protects in full against undesirable parallel proceedings, one should be very attentive when drawing up the arbitration clause.
The use of a standard procedure during that phase would help to tackle the obstacles currently arising from lack of coordination between the multiple, parallel proceedings.
Another complex issue that should be addressed at the multilateral level was that of parallel proceedings in commercial civil arbitration involving State courts and arbitral tribunals.
Where there are parallel proceedings in different jurisdictions involving different victims and different governmental units, there is considerable opportunity for confusion, redundancy, and additional loss.
The courts need to improve coordination andcommunication with the Kosovo Property Agency to avoid parallel proceedings and contradictory decisions on the same property.
The consensus seemed to be that where there were parallel proceedings in two jurisdictions, as opposed to joint hearings, recordings would be made in accordance with the rules of the courts of those jurisdictions.
The plaintiff objected on the grounds that the litigation involved a third party, which could not be severed from the dispute, andthat a stay would lead to two parallel proceedings, which would bring judicial procedure into disrepute.
In reality, parallel proceedings are initiated both by the parties protecting their legitimate rights and interests, and their unjust counterparties so as to delay a proceeding as long as possible and deplete the opponent's resources.
In one country,the international cooperation legislation foresaw a procedure of information-sharing when possible parallel proceedings came to light, and regulated direct consultations and criteria for the transfer.
It was also said, however, that parallel proceedings in investment arbitrations, and those in commercial arbitrations, raised different issues and might need to be considered separately.
It was further noted that a reference to the Model Law would not be sufficient to settle the coordination of proceedings involving different group members as it only addressed the coordination of parallel proceedings concerning the same debtor.
As States would greatly appreciate guidance concerning parallel proceedings in investment arbitration, he asked whether the secretariat could look into the possibility of developing guidelines on the subject in conjunction with other forums.
Judicial(anti-suit injunctions) and arbitration injunctions(anti-arbitration injunctions) are quite aggressive andcontradictory mechanisms of protection against parallel proceedings, since it is not always possible to execute them in practice in the international context.
First, where parallel proceedings are brought, a State must defend several claims in relation to the same measure, with potentially the same economic damage at stake, leading to a waste of resources and unnecessary costs.
It is therefore necessary to explore other options to improve coordination,including coordination(i) through parallel proceedings in home and host states;(ii) by means of cross-border insolvency agreements, or(iii) by way of conflict-of-laws mechanisms.
While concurrent, parallel proceedings are pending in States A and B for the debtor, the implementation of basic administrative procedures is necessary to coordinate certain activities in the two proceedings, protect the rights of the parties and ensure the maintenance of the courts' independent jurisdiction.
For example, courts in the United States have more recently held that they are not required to stay an action"merely because an action is pending in the originating country" andthat they"should not automatically stay enforcement proceedings on the ground that parallel proceedings are pending in the originating country.
The procurement orother applicable regulations may discourage commencing parallel proceedings and establish a clear sequencing of applications to administrative and judicial review bodies existing in the enacting State.
For example, under article 5 of Council of the European Union framework decision 2009/948/JHA, on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings, member States are obliged to contact the competent authorities of other member States in which it has"reasonable grounds" to believe that parallel proceedings are being conducted.
It was acknowledged that in some situations there might be a need for parallel proceedings to address some of these difficulties, although in general a multiplicity of proceedings should be avoided in order to facilitate coordination and cooperation.