Parallel Litigation and Foreign Investment Dispute Settlement

ICSID Review Foreign Investment Law Journal, Vol. 21, p. 381, 2006

48 Pages Posted: 4 Dec 2007

See all articles by Gilles Cuniberti

Gilles Cuniberti

University of Luxembourg; Universite du Luxembourg - Faculty of Law, Economics and Finance

Abstract

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.

Suggested Citation

Cuniberti, Gilles, Parallel Litigation and Foreign Investment Dispute Settlement. ICSID Review Foreign Investment Law Journal, Vol. 21, p. 381, 2006. Available at SSRN: https://ssrn.com/abstract=1045181

Gilles Cuniberti (Contact Author)

University of Luxembourg ( email )

Faculté de Droit
4, rue Alphonse Weicker
Luxembourg, 2721
Luxembourg

Universite du Luxembourg - Faculty of Law, Economics and Finance ( email )

4 rue Alphonse Weicker
Luxembourg, L-2721
Luxembourg

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
604
Abstract Views
1,957
rank
45,462
PlumX Metrics