Unsurprisingly, conflicts do arise from complex projects and transactions, though a “quiet-path” had been previously planned. Globalization, major financial institutions, multinational companies and insurers placed globally are usually involved in foreign litigation and arbitration relating to the same “subject- matter”. Does it follow the even simplest “common-sense” being involved in litigation proceedings against a counter-party in one State and in arbitration proceedings with its financial institution in a different continent? This has led to inconsistencies and irreconcilable decisions, so “getting on well” aiming to, at least, bring “everyone and everything” to same proceedings will certainly help. However, it is relevant to analyse whether it is an option for the parties, it can be required my mandatory law, or whether the Institutions’ Rules provide any assistance.
Iurgium [previously Spain Arbitration Review]