Consultation on the Hague Conference Project on Parallel Proceedings and Related Actions

International lawyers and their associations have the opportunity to contribute to work at the Hague Conference on Private International Law designed to address problems that arise when the same or similar case has been filed in courts in multiple states. The Hague Conference has developed a Consultation Paper and a dedicated webpage providing information about the project and inviting your comments about its usefulness and the content of a current draft text.

States have worked together since 1992 at the Hague Conference to harmonize rules on jurisdiction and the recognition and enforcement of foreign judgments. This has produced the 2005 Convention on Choice of Court Agreements and the 2019 Convention on the Recognition and Enforcement of Judgments in Civil or Commercial Matters. More recently, the focus has turned to questions related to concurrent proceedings – situations in which either parallel or related cases have been filed in courts in more than one State.

A Working Group has now proposed a Draft Text on parallel proceedings and related actions. Under the normal Hague Conference process, that document will be considered by the Council on General Affairs and Policy in March of 2026, with the possibility of moving the process forward to a Special Commission that would involve all Hague Conference Member States (and the EU as a Regional International Economic Organization Member of the Hague Conference) and could lead to a formal draft convention. The objective of any possible convention on this subject matter is to enhance legal certainty, reduce litigation costs, and mitigate inconsistent judgments in transnational civil or commercial litigation.

The Hague Conference Permanent Bureau has designed the Consultation Paper and dedicated webpage to solicit feedback on whether practice under the rules proposed in the Draft Text would improve the way in which courts now deal with cross-border parallel proceedings and related actions, as well as feedback on how the Draft Text might be improved.

Parallel Proceedings and Related Actions

The Draft Text establishes separate rules for “parallel proceedings” and “related actions.” Parallel proceedings are defined as “any proceedings in courts of different Contracting States between the same parties on the same subject matter.” (Article 3(1)(a)). Related actions are defined in Article 3(1)(b) as

any proceedings in courts of different Contracting States that are not “parallel proceedings” and that involve:

(i) parties at least some of which are the same[, or substantially the same,] or connected to each other;

(ii) [facts that arise, in whole or in material part, from the same transaction, occurrence, or series of transactions or occurrences;] and

iii) one or more common questions of law or [material] fact that create a risk of [irreconcilable] [inconsistent] findings or judgments [resulting from separate proceedings].

In Hague Conference practice, square brackets indicate matters yet to be decided.

The Rules for Parallel Proceedings

Chapter II of the Draft Text provides rules for parallel proceedings. If the courts of a single State have certain exclusive jurisdiction over a core matter of rights in rem in immovable property, then the court(s) of that State shall proceed with the case. (Article 6) In other cases, if the parties have agreed upon jurisdiction in one or more specific courts (in a Contracting State), and one of those courts is seised of the case, then that court shall proceed with the case. (Article 7) If no such agreement exists, then each court must consider whether it and any other court seised of the case has one of a list of connecting factors. (Article 8) These are factors commonly used to describe bases of jurisdiction in many States. If only one court has an approved connection, then that court shall proceed with the case. If both (or all) courts have an approved connection, then the process moves to the determination of which of the courts seised is the more appropriate court. The Draft Text lays out two alternative methods for determining which court makes the determination of the more appropriate forum. (Article 9)

The Rules for Related Actions

Chapter III of the Draft Text provides rules for related actions. Here the process grants greater discretion to the courts, with each court seised making a determination

• Whether a single court should adjudicate the entirety or any part of the related actions; and if so,
• Which court is the more appropriate court for resolution of the entirety or any part of the related actions. (Article 11)

Any final convention will provide a set of factors to be taken into account in determining the more appropriate forum. Chapter III provides for cases in which it is determined appropriate for a single court to decide the entire case and for cases in which it is determined that a part of parts of a case should be decided in a single court. In the absence of a decision by both (all) courts seised that all or part of a case should be decided in a single court, and a similar mutual determination that a single court is the more appropriate court, then each court shall continue separate proceedings. (Articles 12-14)

Communication

Chapter IV of the Draft Text sets out a mechanism for communication between and among courts seised of parallel proceedings or related actions. It allows a Contracting State to choose to allow direct judicial communication between courts, indirect judicial communication through a competent authority, or a combination of the two. (Article 16)

Conclusion

The Consultation Paper provides a detailed overview of the operation of the Draft Text and sets forth fourteen groupings of questions. Responses to those questions can be submitted on the dedicated webpage. The deadline for submitting responses is 9:00 a.m. CET on January 26, 2026.

The University of Pittsburgh Center for International Legal Education (CILE) is organizing a webinar about the project and the Consultation Paper, to be held the week of January 5, 2026, that will involve participation from the Office of the Legal Adviser of the U.S. Department of State. You may request notification of that program in an email addressed to rbrand@pitt.edu.