OXFORD LEGAL RESEARCH LIBRARY
Oxford Legal Research Library (OLRL) is a new family of products from Oxford University Press, providing integrated access across collections of key law titles in a variety of subject areas. OLRL includes four collections, International Commercial Arbitration, International Commercial Law, Financial and Banking Law, and Private International Law. Each collection can be browsed and searched separately, or users with access to more than one collection can choose to search them together via the OLRL family interface. The OLRL collections aim to speed up research and provide easy access to authoritative content, and are an essential resource for anyone currently performing research in these areas of law and practice.
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.