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2 Chi. J. Int'l L. Online 1 (2023)

handle is hein.journals/cojloinllw2 and id is 1 raw text is: A Hague Parallel Proceedings Convention: Architecture and Features Paul Herrup and Ronald A. Brand* Abstract The Hague Conference on Private International Lawy has established a workinggroup to examine a possible international instrument applicable to the same or related actions in courts in different countries. The goal of the project should be to improve the efficieny of resolving such situations and providing as complete a resolution as possible by channeling litigation to the better forum. Current approacheslis alibi pendens in the civil law world and forum non conveniens in the common law world-are not working well and are likely to be increasingly inadequate in an ever more complex and fluid world. In this Article we provide suggestions on the architecture and certain critical features of a convention in this area. The general architecture of such an instrument must include (1) criteria for determining the better forum and (2) mechanisms that move cases to that forum. It should also include (1) a requirement that the parties notfy the relevant courts when the same or related proceedings are lodged in two or more fora; (2) a mechanism for judicial communication to discuss the situation upon notification; (3) a fallback rule if the better forum declines jurisdiction; (4) necessary and appropriate procedural provisions, for example to expedite movement of evidence to the better forum; and (5) provisions addressing expedited recognition and enforcement of the judgment from the better forum. Because the ultimate users of any instrument ill be judges and litigators, the instrument should be framed in terms they ill understand. Accordingly, the instrument should rest upon relatively simple, empirical tests that courts around the world can apply easily, rather than on complex legal concepts drain from one or another legal tradition. The tests, in turn, should be keyed to the fundamental objective of the instrument: the efficient resolution as completely as reasonably possible of parallel proceedings and related actions. This * Paul Herrup is member of the Pennsylvania Bar. Ronald A. Brand is the Chancellor Mark A. Nordenberg University Professor and Academic Director of the Center for International Legal Education at the University of Pittsburgh School of Law. Both authors were members of the Experts Group and are current members of the Working Group considering a convention on parallel proceedings at the Hague Conference on Private International Law. This Article is prepared entirely in their personal capacity and should not be taken to represent the position of any delegation, state, office, or institution. 1

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