The International Law Association (ILA) International Commercial Arbitration Committee Reports on Lis Pendens and Res Judicata

Abstract

At the International Law Association’s Seventy-Second Biennial Conference in Toronto in 2006, the ILA International Commercial Arbitration Committee reported on ‘Lis pendens and Arbitration’ and ‘Res judicata and Arbitration’ and the Conference adopted a number of recommendations on these topics. The reports and recommendations are printed in this issue.1 The Committee’s Toronto reports were the culmination of over four years’ work. Members of the Committee had met on a number of occasions to discuss the issues. Some Committee members produced national reports. An interim report on res judicata was presented at the ILA Berlin Conference in 2004. The Committee recommended, both in respect of lis pendens and res judicata, the application by arbitral tribunals of rules and/or an approach suitable for international arbitration, rather than the application of domestic law rules. The Committee’s report on lis pendens considers three scenarios, namely parallel proceedings between an arbitral...