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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

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. date: 24 November 2020

Subject(s):
Res judicata — Arbitral tribunals
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...
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