To Abstain or Not To Abstain: A New Framework for Application of the Abstention Doctrine in International Parallel Proceedings

It is obvious to most that the ties between people and businesses in different countries have increased dramatically in recent years. One of the effects of this globalization of the world’s economies and societies is an increase in international or transnational litigation. As traveling and conducting business across international borders becomes easier and cheaper, and the number of international business transactions increases, so too have the number of lawsuits involving parties and transactions or occurrences from different countries. This development has led to a corresponding increase in the number of lawsuits before United States courts which are similar, or indeed sometimes exactly parallel, to lawsuits pending before foreign courts. This comment argues that federal courts need a single framework for analyzing how to determine whether they should stay or dismiss a proceeding in favor of a concurrent, parallel proceeding in a foreign court

To Abstain or Not To Abstain: A New Framework for Application of the Abstention Doctrine in International Parallel Proceedings

It is obvious to most that the ties between people and businesses in different countries have increased dramatically in recent years. One of the effects of this globalization of the world’s economies and societies is an increase in international or transnational litigation. As traveling and conducting business across international borders becomes easier and cheaper, and the number of international business transactions increases, so too have the number of lawsuits involving parties and transactions or occurrences from different countries. This development has led to a corresponding increase in the number of lawsuits before United States courts which are similar, or indeed sometimes exactly parallel, to lawsuits pending before foreign courts. This comment argues that federal courts need a single framework for analyzing how to determine whether they should stay or dismiss a proceeding in favor of a concurrent, parallel proceeding in a foreign court