Lis Alibi Pendens in International Arbitration

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.