PARALLEL PROCEEDINGS IN ARBITRATION

The article examines the issue of parallel proceedings in relation to arbitration and the tools of their coordination. The purpose of the work is to study the concept of «parallel proceedings», to establish the possibility of the existence of such proceedings in relation to arbitration, as well as the search for optimal legal tools to overcome the negative consequences of the parallel proceedings. Based on historical and formal legal methods the paper distinguishes the concepts of parallel and related proceedings. The conditions of qualification of the factual situation as a parallel or interrelated proceeding are revealed. It is concluded that parallel proceedings cannot arise between the arbitral tribunal and the state courts. It is pointed out that the situation when the state court decides on the competence of the arbitral tribunal before the arbitrators contradicts the principle of «competence-competence». At the same time the possibility of parallel proceedings between different arbitration tribunals is noted. It is proposed to use coordination mechanisms to overcome the negative consequences of parallel proceedings.