Washington International Law Journal


Although duplicative proceedings involve various negative effects, if motivated by legitimate reasons, parallel litigation may be justified. Therefore, regulation of international parallel litigation should be based on a close examination of the legitimacy of the litigants' motives, which should then be balanced against negative effects. In this comparative study of the parallel litigation practice in the United States and Japan, the contrast between the two countries is attributed to the underlying differences in each country's social and legal traditions. Despite the differences in their practice, however, each legal system offers a model that may be successfully adopted by the other for fair and efficient international parallel litigation practice.

First Page