The Phenomenon of Parallel Litigation: Foundations and Implications in Cross-Border Disputes Resolution

Articles in Press

Document Type : Research Paper

Authors

1 Department of Private Law, Faculty of law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran

2 Department of Private Law, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran

10.22099/jls.2026.53382.5336

Abstract

Parallel litigation in international disputes occurs when identical or related cases are filed simultaneously in the courts of two or more countries. According to Article 971 of the 1928 Iranian Civil Code, Iranian courts are obligated not to decline jurisdiction even if the same case has already been filed and is being heard in a foreign court, and they must not relinquish their jurisdiction in favor of foreign courts. Studying the Iranian legislator’s approach to parallel litigation requires a thorough and comprehensive analysis of its various aspects. This study, employing a descriptive-analytical method, explains the definition of parallel litigation, its different types, conditions for occurrence, reasons, as well as its undesirable effects. Subsequently, the current stance of the Iranian legislator regarding parallel litigation is examined in detail. To that end, the paper highlights the consequences of this restrictive approach and the potential negative outcomes in practice, raising the important question of whether the legislator needs to reconsider and amend this approach.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 23 March 2026

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