CROSS-BORDER COMMERCIAL DISPUTES: FORMALISTIC AND PRAGMATIC APPROACHES TO SOLVING THE PROBLEM OF PARALLEL PROCEEDINGS

The article is devoted to the study of approaches of diff erent countries to the regulation of relations arising from parallel proceedings. Doctrine and case law stand out the approach of common law countries (UK, USA, Canada) and the continental approach (the member states of the European Union, CIS countries and others). Th e author examines the methodological foundations of these approaches, which are manifested in two diff erent conceptual directions: pragmatism and formalism. In the aspect of solving the problem of parallel proceedings, Anglo-Saxon law and judicial practice use various legal mechanisms and techniques applied in accordance with pragmatic guidelines and values. Courts of the countries of the continental legal family, on the contrary, adhere to the formalistic interpretation and application of law which result in legal certainty of solving issues related to the problem of parallel proceedings.