PARALLEL PROCEEDINGS IN THE INVESTMENT TREATY ARBITRATION Cover Image

ПАРАЛЕЛНИ ПРОИЗВОДСТВА В МЕЖДУНАРОДНИЯ ИНВЕСТИЦИОНЕН АРБИТРАЖ
PARALLEL PROCEEDINGS IN THE INVESTMENT TREATY ARBITRATION

Author(s): Muradie Ahmed Karmadzha
Subject(s): Law, Constitution, Jurisprudence, International Law, Law on Economics
Published by: Бургаски свободен университет
Keywords: international investment arbitration; parallel proceedings; investment agreements; dispute settlement; arbitration tribunals; conflicting decisions

Summary/Abstract: The significant increase in the number of international investment agreements impacts the rise in investment disputes. The growth of investment disputes led to various complications within the investor-State dispute settlement process. A problem of significant importance appears to be the concern of parallel proceedings. It is a concern that may engender a higher risk of inconsistent and conflicting decisions, thus causing considerable disadvantages for the whole dispute settlement process. Therefore, research seeking a solution to the problem of parallel proceedings is needed. Such research is the task of the present paper. The first part of the research illustrates the nature of the problem and examines the problematic parallel proceedings. The second part focuses on the risks posed by such proceedings. This part also examines the available mechanisms that (to some extent) could prevent or overcome the occurrence of parallel proceedings. The final part of the Research paper includes a brief analysis of the recent reforms given by UNCITRAL Working Group III at the 39th Session of ‘Investor-State Dispute Settlement Reforms.’

  • Issue Year: XXIX/2022
  • Issue No: 1
  • Page Range: 138-146
  • Page Count: 9
  • Language: Bulgarian