Revisiting Res Judicata and Lis Pendens in Investor-State Arbitration
Revisiting Res Judicata and Lis Pendens in Investor-State Arbitration
Magnaye, Jose; Reinisch, August
2016-09-22 00:00:00
Questions concerning res judicata and lis pendens in investment arbitration proceedings remain a subject of academic discussions, particularly with regard to the application of the “triple identity test”. The necessity of a more coherent approach to the matter is a pressing issue amidst the criticisms of the investor-state arbitration system as a whole. Finding viable solutions to prevent multiple/parallel proceedings and contradicting decisions is crucial in further strengthening the rule of law in investment arbitration.
http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.pngThe Law & Practice of International Courts and TribunalsBrillhttp://www.deepdyve.com/lp/brill/revisiting-res-judicata-and-lis-pendens-in-investor-state-arbitration-SWpBi46RWn
Revisiting Res Judicata and Lis Pendens in Investor-State Arbitration
Questions concerning res judicata and lis pendens in investment arbitration proceedings remain a subject of academic discussions, particularly with regard to the application of the “triple identity test”. The necessity of a more coherent approach to the matter is a pressing issue amidst the criticisms of the investor-state arbitration system as a whole. Finding viable solutions to prevent multiple/parallel proceedings and contradicting decisions is crucial in further strengthening the rule of law in investment arbitration.
Journal
The Law & Practice of International Courts and Tribunals
– Brill
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