국제중재절차에서 경합의 발생과 처리방안에 관한 연구

Lis pendens literally means ‘a lawsuit pending’ and Lis pendens arbitralis basically means a situation when the same disputes between the same parties with the same cause of action are dealt with in parallel arbitral proceedings by different arbitral tribunals at the same time. Although many scholars criticized the existence and recognition of lis pendens arbitralis in international arbitral proceedings due to the recent growth of international business transactions, it is widely considered that the principle of lis pendens arbitralis can be adopted for parallel proceedings in international arbitration. Accordingly, lis pendens arbitralis will bring significant legal issues in international arbitration proceedings. To establish the doctrine of lis pendiens arbitralis to handle parallel proceedings in international arbitration, many relevant legal researches and studies are still required. According to scholarly discussions of lis pendens arbitralis until now, the main features of lis pendens arbitralis can come down to these three situations. Such situations include parallel proceedings between an arbitral tribunal and a national court, between two arbitral tribunals, or between an arbitral tribunal and a supra-national court or tribunal. The lis pendens arbitralis can be solved with the traditional doctrine of lis pendens based on parallel proceedings in national courts, anti-suit injunctions, consolidation of proceedings based on the parties's consent, waiver clauses in arbitration agreements, etc. However, each of those solutions has limitations to a certain extent due to the nature of international arbitration in sophisticated international dispute resolution regimes with various arbitration treaties. Therefore, it is necessary to pay prudent and particular scholarly attention to lis pendens arbitralis and also additional long-term studies are constantly needed.