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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: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. date: 20 October 2020

Subject(s):
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...
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