Publication details
Lis Pendens between Internatioanl Investment Tribunals and National Courts
| Authors | |
|---|---|
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Česká ročenka mezinárodního práva veřejného a soukroméno |
| MU Faculty or unit | |
| Citation | |
| Web | Open access nakladatele |
| Field | Law sciences |
| Keywords | Arbitration; Courts; Investment arbitration; Lis pendens |
| Attached files | |
| Description | The paper addresses lis pendens between international investment arbitration tribunals and national courts in case of factually and legally related disputes. After giving an overview of the role of lis pendens in national law, it focuses on the analysis of its position in public international law. Afterwards, the paper specifically turns to parallel proceedings in international investment arbitration, in particular those pending simultaneously before arbitrators and in national courts. Thereafter, it is submitted that the principle of abuse of process, often invoked as a corrective tool for lis pendens, does not actually off er a reliable solution or mitigation thereto. Finally, the paper suggests that a solution to the problem of lis pendens between an investment tribunal and national court might not be resolved by international law, but national law. Although this solution does not provide a unity, it is realistic. © 2017, Czech Society of International Law. All rights reserved. |
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