Parallel Litigation and Foreign Investment Dispute Settlement
ICSID Review Foreign Investment Law Journal, Vol. 21, p. 381, 2006
48 Pages Posted: 4 Dec 2007
Parallel litigation has become a recurrent issue in foreign investment disputes. International tribunals have consistently addressed the issue through the essentially civil law institution of lis pendens. The article argues that lis pendens has no legitimacy to be the tool dealing with parallel litigation in an international setting. To begin with, lis pendens is based on the assumption that the competing adjudicators are legitimate and comparable whereas in many situations this will not be the case. Moreover, comparative international civil procedure shows that, even when the competing adjudicators can be meaningfully compared, a more flexible remedy would be more legitimate and indeed appropriate.
Keywords: Dispute Resolution, Parallel Litigation, Lis Pendens, Foreign Investment.
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