It is not uncommon for parties involved in cross-border disputes to file competing or overlapping lawsuits in different forums. When should a US court stay its hand in favor of a lawsuit filed in another country? Conversely, when should a US court take proactive measures to defend its jurisdiction from interference by proceedings in a foreign court? This Primer outlines the potential problems posed by parallel proceedings; how US federal courts treat foreign parallel proceedings; the role of antisuit injunctions to protect US jurisdiction in unusual circumstances; the special case of transnational bankruptcy; and the possibility of an international convention addressing parallel proceedings. This primer focuses on federal doctrines regarding parallel proceedings; state courts may have their own approach to these questions … (more)
[Maggie Gardner, Transnational Litigation Blog, 30 January 2024]
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