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Vol 21 No 11 Nov/Dec 2016

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The Coordination of Multiple Proceedings in Investment Treaty Arbitration


ISBN13: 9780199684861
Published: June 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £137.50



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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 the specifics 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 on to 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 exclusively concerned with the existing law and seeks to provide serviceable solutions to the uncertainty facing practitioners and scholars in the current climate of investment law.

Subjects:
Arbitration and Dispute Resolution, International Investment Law
Contents:
1. Introduction
2. Characteristics of the international investment framework leading to multiple proceedings
3. Determining the jurisdictions of competing forums in the context of investment disputes
4. Mechanisms for the coordination of multiple investment proceedings
5. Hierarchy as a coordinative mechanism in investment treaty arbitration
6. The application of lis pendens and res judicata in investment treaty arbitration
7. Overarching principles for the coordination of multiple proceedings
8. Summary of results and outlook

Series: Oxford International Arbitration Series

Provisional Measures in Investment Arbitration ISBN 9780199685790
To be published July 2017
Oxford University Press
£125.00
Procedural Issues in International Investment Arbitration ISBN 9780198729037
To be published July 2017
Oxford University Press
£125.00
Calculation of Compensation and Damages in International Investment Law 2nd ed ISBN 9780198749936
To be published March 2017
Oxford University Press
£165.00
Arbitration of International Mining Disputes: Law and Practice ISBN 9780198757641
To be published February 2017
Oxford University Press
£145.00
Arbitration of Trust Disputes: Issues in National and International Law ISBN 9780198759829
Published October 2016
Oxford University Press
£145.00
The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals ISBN 9780198715610
Published March 2016
Oxford University Press
£125.00
Corruption in International Investment Arbitration (eBook) ISBN 9780191023705
Published September 2014
Oxford University Press
£104.17 + £20.83 VAT
(ePub)
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Corruption in International Investment Arbitration ISBN 9780198714262
Published September 2014
Oxford University Press
£125.00
Annulment under the ICSID Convention ISBN 9780199653744
Published December 2012
Oxford University Press
£150.00
Annulment under the ICSID Convention (eBook) ISBN 9780191634796
Published December 2012
Oxford University Press
£125.00 + £25.00 VAT
(ePub)
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Consent in International Arbitration (eBook) ISBN 9780191638190
Published March 2012
Oxford University Press
£118.75 + £23.75 VAT
(ePub)
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Treaty Interpretation in Investment Arbitration (eBook) ISBN 9780191638176
Published March 2012
Oxford University Press
£114.58 + £22.92 VAT
(ePub)
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Consent in International Arbitration ISBN 9780199698158
Published March 2012
Oxford University Press
£150.00
Treaty Interpretation in Investment Arbitration ISBN 9780199641475
Published March 2012
Oxford University Press
£145.00
Third Parties in International Commercial Arbitration ISBN 9780199572083
Published December 2010
Oxford University Press
£147.50
Calculation of Compensation and Damages in International Investment Law ISBN 9780199551712
Published August 2009
Oxford University Press
Out of print
Chinese Investment Treaties: Policies and Practice ISBN 9780199230259
Published March 2009
Oxford University Press
£190.00
£63.00