Title: Judicial Comity in International Dispute Settlement

Author(s): Harshad Pathak (View Profile)

Journal: Indian Review of International Arbitration

Source: www.iriarb.com


Abstract:
The domain of investor-state dispute settlement poses ample risks relating to parallel proceedings involving the same dispute. Various conventional tools available to international arbitrators have, so far, failed to provide a coherent response to these risks. Arbitrators have frequently declined to exercise such tools on the basis of rigid formulations of their technical parameters. In such circumstance, this article explores whether the principle of judicial comity, which is characterized by its inherent fluidity and adaptiveness, may provide a far more suitable response. To answer this question, the article studies the evolution of the principle of comity from a mere extension of sovereignty to a global ordering principle of international dispute settlement.

Keywords: Parallel Proceedings; Investment Treaty Tribunal; Principle of Comity; Judicial Comity; Conflict of Laws; Jurisdictional Conflict


Cite this as: Harshad Pathak, Judicial Comity in International Dispute Settlement, 1 IRIArb 26, 26-39 (2021).


*The views expressed are of author(s) only.

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