Leigh Duthie and Anthony Whelan*

Leigh Duthie and Anthony Whelan, by reference to the Australian case of John Holland Pty Ltd v Toyo Engineering Corporation [2001], examine “parallel proceedings” - a scenario where the winning party at arbitration seeks to enforce an arbitral award, while the losing party seeks to stay these proceedings until impeachment proceedings it has instituted to set aside the award in a (different) country of origin have been resolved.

*   Leigh Duthie and Anthony Whelan are International Partners in the Construction Group of Baker & McKenzie in Melbourne.  They acted for Toyo Engineering Corporation in the John Holland case, and acted for Toyo in the arbitration from which that case arose.  The authors would like to thank Nam Le and Daniel Roberts for their invaluable assistance in the preparation of this article.