Consultation on the draft text of a possible convention on parallel proceedings and related actions

This joint report was submitted to the Hague Conference on Private International Law's (HCCH) public consultation on the draft text of a possible future parallel proceedings convention in cross-border international civil and commercial litigation. This is a core issue in contemporary private international law.

The consultation forms part of the HCCH’s ongoing work on the development of international instruments aimed at managing concurrent proceedings across jurisdictions, with a view to enhancing legal certainty and predictability and reducing the risk of duplicative proceedings and inconsistent judgments in cross-border disputes.

The authors of the report provided comments on some structural and doctrinal aspects of the draft text that are likely to affect its practical operation, addressing the treatment of non-exclusive choice of court agreements, the internal structure and function of the priority and “more appropriate court” mechanisms, and the use of applicable law as a jurisdictional or connecting factor. Drawing on comparative perspectives from common law and civil law systems, the report highlights potential risks of circularity and unpredictability where jurisdictional determinations depend on unresolved choice-of-law questions. The authors have also provided suggestions aimed at improving clarity and systemic coherence of the draft instrument.

The were particularly intrigued by the draft Convention’s proposed framework for judicial communication and cooperation in cases of parallel proceedings. While recognising its innovative character, they have suggested that the HCCH note the importance of designing these mechanisms in a way that supports effective coordination between courts operating under different procedural traditions and institutional constraints.

This report was submitted as part of the HCCH’s open consultation process on 26 January 2026, and it will be made available to HCCH Members through the Conference’s secure portal, alongside submissions from other academics, practitioners, judges, and stakeholders participating in the consultation.