Parallel Litigation and Arbitration: Abuse of Process?

Abstract

An arbitration takes place between A and B in London. There are parallel court proceedings in Australia between A and C in which B’s liability to A is relevant. To what extent can A and C rely on, or be bound by, the arbitrator’s findings? The High Court of Australia has recently articulated the principles concerning abuse of process in relation to concurrent arbitration and litigation proceedings. The question before the High Court was whether it was an abuse of process for a plaintiff to commence litigation in Australia after commencing an arbitration in a foreign jurisdiction against a different party whose liability arose from the same transactions.

Keywords: Michael Wilson & Partners v Nicholls & Ors, abuse of process, foreign jurisdiction, arbitration, international commercial law, contract law, cross-border litigation