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Revisiting Res Judicata and Lis Pendens in Investor-State Arbitration

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. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Law & Practice of International Courts and Tribunals Brill

Revisiting Res Judicata and Lis Pendens in Investor-State Arbitration

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1569-1853
eISSN
1571-8034
DOI
10.1163/15718034-12341322
Publisher site
See Article on Publisher Site

Abstract

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 TribunalsBrill

Published: Sep 22, 2016

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