Resumen de Tribunal Jurisdiction and the Relationship of Investment Arbitration with Municipal Courts and Tribunals
Catherine M. Amirfar, Nelson Goh
While an investment dispute between a foreign national and a host State typically results in a single arbitration proceeding, certain circumstances give rise to multiple proceedings, in arbitration or litigation, being brought in relation to the same conduct of the host State. This chapter considers the various methods used by States and arbitral tribunals to regulate multiple proceedings. These methods include the use of express treaty provisions requiring the exhaustion of local remedies, local litigation clauses, fork-in-the-road clauses, or waiver clauses. In addition, arbitral tribunals have applied general principles such as the primacy of international tribunals, res judicata, lis pendens, abuse of process and comity, in order to prioritize one set of proceeding over another. Parties can also agree to consolidate two separate proceedings, whether formally or informally, with appropriate adaptations.
