Applicability of Res Judicata and Lis Pendens in the Self-Contained Investor-State Arbitration Regime
In this post, the author highlights how the concept of parallel proceedings is a serious problem in the arbitration for a as it leads to inconsistent arbitral awards by different tribunals adjudicated on the same set of facts. The author critically analyses the application of legal doctrines of Res Judicata and Lis Pendens in parallel investor-state treaty arbitrations. They further explore the problem and discuss how parallel proceedings can be prevented in order to avoid the multiplicity of different awards. Lastly, they provide possible or alternate solutions to the above discussed problem to avoid the cost and multiplicity of proceedings. Continue reading Applicability of Res Judicata and Lis Pendens in the Self-Contained Investor-State Arbitration Regime