We wish to make members aware of an invitation to participate in a worldwide consultation launched by the Hague Conference on Private International Law (HCCH) concerning a Draft Text for a possible convention on parallel proceedings and related actions in multiple States. 

The consultation seeks input from academics, private sector practitioners, and members of the judiciary. Feedback received will help inform the decision HCCH Members, including Canada, will make at their annual meeting in March on whether to open intergovernmental negotiations or discontinue the project. 

Responses are submitted directly to the HCCH and do not involve the CSCJA or Justice Canada. Further details, including the consultation deadline and submission process, are set out in the following consultation email the CSCJA received.

SUBJECT: HCCH Consultation: Draft Convention on Parallel Proceedings

This email seeks to raise your awareness of a worldwide consultation launched by the Hague Conference on Private International Law (HCCH) on a Draft Text for a possible convention on parallel proceedings; feedback will help inform the decision HCCH Members, including Canada, will make in March on whether to open intergovernmental negotiations or discontinue the project.

Why this consultation matters

  • The Draft Text was developed by a working group of the HCCH, but there is still significant disagreement within the group on the approach to take, as shown by the many square brackets in the text.
  • HCCH Members will decide at their annual meeting (3–6 March) whether to move forward with negotiations or discontinue the project. Your input will help inform that decision.

Key features of the Draft Text

The Draft Text represents a significant departure from how courts address parallel proceedings, both in Canada and in other States. For example:

  • In Canada, the determination of the most appropriate forum is not limited to being done by the court first seized.
  • In some other States, parallel proceedings are generally resolved by having the court first seized hear the case, while other courts stay or dismiss their proceedings.
  • The Draft Text introduces a finite list of connecting factors and assigns the determination of the most appropriate forum to the first court seized.

Canadian courts appear well equipped to handle parallel proceedings, and so far, we have not identified a practical need for the proposed instrument.

Your input is requested on:

  • Whether there is a need for such an instrument.
  • Your assessment of the Draft Text and its implications for Canadian practice if adopted.

Key details:

  • Deadline for HCCH responses: 26 January 2026 (09:00 CET)
  • Consultation document: HCCH Public Consultation
  • Available in English, French, and Spanish.

You are strongly encouraged to respond at least to Question 13 (Objectives of the Convention), as this is critical for HCCH Members’ decision-making.

Important note on publication of responses

  • HCCH will publish your response (original and compiled with others) on its Secure Portal, accessible only to HCCH Members.
  • You can choose whether your name and affiliation are published or remain anonymous.
  • For transparency, State, region, and type of respondent (e.g., profession, area of practice) will be published.
  • Your contact details will not be published.