The Coordination of Multiple Proceedings in Investment Treaty Arbitration

Hardcover | July 27, 2013

byHanno Wehland

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This is the first systematic analysis of multiple proceedings arising from investor-state disputes, including proceedings before multiple arbitral tribunals, the domestic courts of host states, and other forums such as the European Court of Human Rights. It seeks to identify clear,predictable, and sensible coordination mechanisms and to suggest an application of these mechanisms that reduces jurisdictional fragmentation, jurisdictional competition, and the potential for abuse of the complexities of the system of international investment protection. The author explains how uncertainty in the area extends to several issues: there are doubts as to which forums have jurisdiction over a dispute and to what questions exactly this jurisdiction extends; there are doubts as to the mechanisms that should be applied to coordinate multiple proceedings(including consolidation, hierarchical coordination mechanisms, lis pendens and res judicata, and general principles of comity and prohibition of abuse of process) and how these mechanisms relate to each other; there are also doubts as to the law applicable to coordination mechanisms and thespecifics of their application.The book begins with an examination of the characteristics of the international investment framework that frequently lead to multiple proceedings. It then addresses the issue of determining jurisdiction, a prerequisite for the application of any mechanism for further coordination. The author goes onto examine the role of agreed coordination (such as the consolidation of proceedings) versus "default" coordination mechanisms; the role of hierarchy of forums in coordination, which he argues is relevant when coordinating treaty proceedings on the one hand and non-treaty proceedings on the other;the principles of lis pendens and res judicata, which he argues apply only under limited circumstances; and concludes with the establishment of guidelines regarding the application of the principles of comity and the prohibition of abuse of process. This inherently practical subject is exclusivelyconcerned with the existing law and seeks to provide serviceable solutions to the uncertainty facing practitioners and scholars in the current climate of investment law.

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This is the first systematic analysis of multiple proceedings arising from investor-state disputes, including proceedings before multiple arbitral tribunals, the domestic courts of host states, and other forums such as the European Court of Human Rights. It seeks to identify clear,predictable, and sensible coordination mechanisms and t...

Dr Hanno Wehland is a Senior Associate in the International Arbitration Group at Herbert Smith Freehills LLP, London, where he specialises in international investment arbitration and public international law. He has previously practiced in the arbitration groups of several other major law firms including Eversheds LLP, Paris, and Wilm...
Format:HardcoverDimensions:384 pages, 9.69 × 6.73 × 0.98 inPublished:July 27, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199684863

ISBN - 13:9780199684861

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Table of Contents

1. Introduction2. Characteristics of the international investment framework leading to multiple proceedings3. Determining the jurisdictions of competing forums in the context of investment disputes4. Mechanisms for the coordination of multiple investment proceedings5. Hierarchy as a coordinative mechanism in investment treaty arbitration6. The application of lis pendens and res judicata in investment treaty arbitration7. Overarching principles for the coordination of multiple proceedings8. Summary of results and outlook