Jump to Content Jump to Main Navigation

You are looking at 119 of 19 results

Contributor: Wehland, Hanno x
Clear All

6 The Application of Lis Pendens and Res Judicata in Investment Treaty Arbitration »

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration
Hanno Wehland
6.01 As discussed in Chapter 5, where multiple proceedings take place before two treaty forums, applying the horizontal coordination mechanisms of lis pendens and res judicata may in principle be appropriate.1 Neither of the two mechanisms is explicitly addressed in IIAs, and institutional arbitration rules tend equally not to contain any provisions in this regard.2 However, since in the event of multiple treaty arbitrations, both forums decide on the basis of international treaties, one will typically have to assess these mechanisms under public international law...

Bibliography »

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration
Hanno Wehland

2 Characteristics of the International Investment Framework Leading to Multiple Proceedings »

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration
Hanno Wehland
2.01 While multiple proceedings can be observed in many areas of the law, international investment relations appear to be particularly susceptible to giving rise to this phenomenon.1 This tendency can be ascribed to a combination of essentially three different factors.2 2.02 First, the involvement of a number of different lega l instruments in investment operations gives rise to different categories of claims that may sometimes have to be asserted before different forums.3Second, investment operations typically involve a number of different legal entities,...

Contents »

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration
Hanno Wehland

The Coordination of Multiple Proceedings in Investment Treaty Arbitration »

Hanno Wehland

Dedication »

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration
Hanno Wehland

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
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...

Foreword »

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration
Hanno Wehland

5 Hierarchy as a Coordinative Mechanism in Investment Treaty Arbitration »

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration
Hanno Wehland
5.01 As explained in Chapter 4, the appropriate mechanisms for coordinating multiple proceedings depend to a large extent on the presence or absence of hierarchy between them.1 This then raises the question of the relationship between treaty arbitrations and other types of investment proceedings.2 The picture in this regard is both complex and surprisingly ill-defined. While commentators and tribunals tend to assume that some forums in investment disputes are hierarchically superior to others, how exactly these hierarchies are established and the rationales...

Index »

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration
Hanno Wehland

1 Introduction and Delimitation of the Subject »

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration
Hanno Wehland
1.01 The number of investor-state arbitrations adjudicating claims under international investment treaties has grown significantly since the rendering of an award in the first such dispute twenty years ago.1 With this growth in numbers has come the realization that in many instances the facts underlying these disputes can give rise not only to investment treaty arbitrations, but may also lead to additional sets of proceedings between the same or closely related parties regarding largely identical issues. Such additional proceedings can take place before other...

List of Abbreviations »

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration
Hanno Wehland

4 Mechanisms for the Coordination of Multiple Investment Proceedings »

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration
Hanno Wehland
4.01 As mentioned in Chapter 2, multiple proceedings in investment disputes can arise in a number of situations, potentially involving state courts, international arbitral tribunals, and even specialized human rights forums.1 To complicate things further, these proceedings are not always limited to formally identical parties but may involve additional entities, both on the side of host states and on the side of investors.2 Considering this variety of constellations, it is not surprising that there has been no uniform approach of arbitral tribunals to dealing with...

7 Overarching Principles for the Coordination of Multiple Proceedings »

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration
Hanno Wehland
7.01 Based on the findings of the previous chapters, proceedings before investment treaty tribunals are largely unrestricted by both vertical and horizontal coordination mechanisms. Treaty tribunals will typically have the power to review the decisions of non-treaty forums, thus preventing the latter from having a binding effect in proceedings before them.1 Similarly, the analysis has shown that the classic horizontal coordination mechanisms of lis pendens and res judicata can only play a very limited role.2 This raises the question of the applicability of yet...

Preface and Acknowledgements »

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration
Hanno Wehland

Series Editor’s Preface »

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration
Hanno Wehland

8 Summary of Results and Outlook »

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration
Hanno Wehland
8.01 To summarize the findings of the present study, a number of characteristics specific to the international investment framework are particularly conducive to the initiation of multiple proceedings for the resolution of investor-state disputes. Jurisdictional competition, jurisdictional fragmentation, and a potential abuse of the complexities of the system by investors can be at the origin of multiple actions with regard to what are substantially identical or at least closely related disputes. These multiple proceedings need to be addressed either at the...

Table of Cases »

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration
Hanno Wehland

Table of Legal Instruments »

From: The Coordination of Multiple Proceedings in Investment Treaty Arbitration
Hanno Wehland