국제거래에서 발생하는 법적분쟁에 관한 국제적 소송경합을 규율하는 국제규범의 형성 －개정 국제사법의 입장과 헤이그 국제사법회의 국제재판관할 프로젝트(Jurisdiction Project) 현황을 중심으로－

International parallel proceedings are one of the critical issues that inevitably need to be addressed in various legal disputes arising from cross-border transactions. How to harmoniously handle international parallel proceedings and related concepts such as concurrent proceedings and related actions/claims is being treated as an important issue worldwide. The duplication of litigation or proceedings wastes time and resources from the perspectives of both the parties and the courts. It can lead to contradictory judgments on the same dispute between the same parties, thereby undermining legal stability. Therefore, it is crucial to seek solutions to this problem at the international level. There are two different approaches to international parallel proceedings. The first approach follows ‘the first in time rule(lis pendens rule)’, which is used in civil law countries. The second approach is known as ‘the better forum approach’, derived from forum non-conveniens doctrine in common law countries. Each approach has evolved and been applied over decades within its respective legal system, making finding a middle ground difficult. The international community, led by the Hague Conference on Private International Law(‘HCCH’), has been making consistent efforts since the early 1990s to establish principles of international jurisdiction(Jurisdiction Project). This persistent effort and endeavor led to the conclusion of the 2005 Choice of Court Convention and the 2019 Judgment Convention. As a final step, they are creating norms on international jurisdiction focusing on parallel proceedings and related actions/claims. The most essential and desirable issue in the formation of International regulation regarding parallel proceedings is to establish international jurisdiction principle by harmoniously combining the first in time rule and the better forum approach. While the road to reaching a satisfactory agreement is long and arduous, there is still optimism in the multifaceted efforts being made. Meanwhile, the revised Private International Law in Korea introduces regulations on parallel proceedings, primarily based on the first in time rule but also incorporating the forum non-conveniens doctrine from a compromise standpoint. This is a highly significant legal norm at the current stage of forming international norms dealing with international parallel proceedings.