Multi-Fora Disputes

Abstract

Many disputes with which internationally practising lawyers are concerned have ramifications in several jurisdictions. Often the same dispute – or aspects of it– is tried in several jurisdictions or fora. Such multi-fora disputes raise difficult legal and practical questions, especially in an international context. While issues relating to the plurality of parties in the same proceedings, and in particular issues relating to multi-party arbitrations, have been discussed and analyzed on many occasions,1 the inverse situation, plurality of fora for the same dispute, seems to have been neglected. Although certain partial aspects are discussed occasionally, the overall phenomenon of multi-fora disputes received surprisingly little attention. The expression ‘multi-fora disputes’ is not, or at least not yet, a term of art. It is suggested that it be used as a description for all those disputes where the same or related facts or issues are tried before several different fora. ‘Forum’ is to be understood to include both court and arbitration proceedings. Other types of proceedings also may be relevant, such as those relating to the acts of public administration: administrative proceedings, commissions of enquiry or the like. In some situations, the issues tried in different fora will arise in disputes between one party and different adversaries. However, there are also cases where closely-related issues between the same parties are tried in different fora. Before examining some of the procedural issues which arise in multifora disputes, it is helpful to consider the situations in which such disputes arise. ### (a) Construction Projects One of the classic cases of multi-fora disputes relates to a main contract and one or several sub-contracts for the same construction project. In international construction projects the main contract frequently provides for a dispute settlement procedure different from that of the sub-contracts. In some cases, the sub-contract provides that disputes under the sub-contract …