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Legal Updates From Other Jurisdictions

November 18, 2025

HCCH opens consultation on draft convention concerning parallel proceedings and related actions

HCCH launches consultation on a draft convention addressing parallel proceedings and related actions, seeking expert input ahead of its March 2026 review.

On 18 November 2025, the Hague Conference on Private International Law (“<span class="news-text_medium">HCCH</span>”) launched a public consultation inviting views on a draft text for a potential new convention. The proposed instrument aims to address parallel proceedings and related actions initiated in multiple states. The consultation remains open until 9.00 am on 26 January 2026.

The HCCH has confirmed that responses will be submitted to its governing body, the Council on General Affairs and Policy, which will consider the next steps at its March 2026 meeting. The consultation document emphasises that the draft remains a work in progress rather than a finalised proposal.

The draft convention sets out two principal frameworks:

  • <span class="news-text_medium">Parallel proceedings:</span> Where several courts are seized of the same dispute, jurisdiction would rest with the court that meets the relevant criteria. Courts that do not meet those criteria must stay or dismiss their proceedings (Articles 6–8). Where more than one court satisfies the criteria, the “most appropriate court” would be identified following the procedure in Articles 9 and 10.
  • <span class="news-text_medium">Related actions:</span> Under Articles 12 and 13, multiple courts hearing related actions may determine—by reference to the factors in Article 11—that a single court should exercise jurisdiction over all or part of those actions.

The draft also includes provisions on communication, co-operation and procedural safeguards to support the determination of the appropriate forum. The consultation invites responses to 14 questions covering the draft convention’s scope and anticipated practical operation. The HCCH particularly welcomes input from experts, practitioners and judges with experience in cross-border litigation and private international law.

Feedback can be submitted via an online survey or by completing the Word response form and sending it to <a href="mailto:secretariat@hcch.net" class="news-text_link">secretariat@hcch.net</a>. Full guidance is available on the consultation webpage. Any queries should be directed to the same email address.

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