Parallel Proceedings in International Investment Treaty Arbitration

In the current investment climate, most investment disputes are settled through arbitration. This indispensable book is the original legal recourse, bringing together the well-known investor-state disputes and commentary on the increasingly significant subject of parallel proceedings. It fills the need for a detail knowledge of the issue of parallel proceedings into well-organised chapters covering the all essential aspects of the subject. The book not only analysis the origin of the issue but also provides several domestic remedies to reduce the risk of parallel proceedings. Therefore, it will be of inestimable value to academics in the field as well as to practitioners.(ARKA KAPAKTAN)



TABLE OF CONTENTS



CHAPTER 1

1.1. Introduction



CHAPTER 2

2.1. The Nature of the Issue

2.1.1. Private International Law

2.1.1.1. The Principle of Lis Pendens

2.1.1.2. The Principle of Res Judicata

2.1.2. International Commercial Arbitration

2.1.3. Public International Law



CHAPTER 3

3.1. The Risk of Parallel Proceedings

3.1.1. Definition of Parallel Proceedings

3.1.1.1. Corporate Nationality

3.1.2. The Difference Between Breach of Contract and Breach of Treaty

3.1.2.1. Effect of Umbrella Clauses Upon Applicable Law and Jurisdiction

3.1.2.2. The Interpretation of the Umbrella Clause



CHAPTER 4

4.1. Reducing The Risk of Parallel Proceedings

4.1.1. Waivers

4.1.2. Estoppel

4.1.3. Consolidation

4.1.4. Joinder



CHAPTER 5

5.1. Conclusion



BIBLIOGRAPHY

APPENDIX

INDEX