Jump to Content Jump to Main Navigation

3 Determining the Jurisdictions of Competing Forums in the Context of Investment Disputes

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration

Hanno Wehland

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Jurisdiction — Contract claims — Fork in the road clause — Waiver
3.01 As mentioned earlier, the determination of jurisdiction can both constitute a preliminary exercise for the application of certain mechanisms for the coordination of proceedings and itself be seen as a coordination mechanism.1 Where multiple proceedings arise out of jurisdictional competition, a rigorous application of the principles determining jurisdiction will frequently rule out all but one of the forums before which proceedings have been initiated.2 Since if everyone agrees that there is only one forum with jurisdiction over the dispute, this will...
Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.