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5 Hierarchy as a Coordinative Mechanism in Investment Treaty Arbitration

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: 24 November 2020

Arbitral tribunals — Res judicata
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...
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