Shany: Similarity in the Eye of the Beholder

Yuval Shany (Hebrew Univ. - Law) has posted Similarity in the Eye of the Beholder: Revisiting the Application of Rules Governing Jurisdictional Conflicts in the Lauder/CME Cases. Here's the abstract:

Although an identifiable body of law governing jurisdictional relations among international judicial institutions has emerged in recent decades, the Lauder/CME cases, which involved closely connected parallel proceedings before different arbitration tribunals, reveal a crucial limit on the application of jurisdiction-regulating rules - the unclear scope of the 'same proceedings' requirement, which underlies jurisdiction regulation.

Arguably, the Lauder/CME cases are indicative of a wider trend to erode or circumvent the application of jurisdiction-regulating rules through emphasizing differences between related claims in order to justify the existence of multiple proceedings. This trend, which coincides with other disintegrative techniques designed to separate complex multi-faceted disputes into distinct 'mini-disputes', has considerable theoretical and practical implications given the ever-growing complexity of international disputes and the increased propensity to refer them to international adjudication and arbitration.