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2 - Parallel Proceedings Concerning Investment and Human Rights Claims

from Part I - Recent Trends and Cross-Cutting Issues in International Dispute Settlement

Published online by Cambridge University Press:  14 December 2023

By
Tarcisio Gazzini  and
Alessandra Pietrobon
Edited by
Russell Buchan ,
Daniel Franchini  and
Nicholas Tsagourias
Russell Buchan
Affiliation:
University of Reading
Daniel Franchini
Affiliation:
University of Sheffield
Nicholas Tsagourias
Affiliation:
University of Sheffield
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Summary

In this chapter, Tarcisio Gazzini and Alessandra Pietrobon focus on parallel proceedings in investment and human rights claims. This chapter examines how tribunals co-ordinate the exercise of their jurisdictions, how they should deal with the merits (including applicable law and issues of interpretation), and how they should avoid double recovery. The complex disputes related to Yukos are discussed with a view to formulating some tentative recommendations on how to manage parallel proceedings before the European Court of Human Rights and investment arbitral tribunals.

Keywords

parallel proceedingsinvestment lawhuman rightsEuropean Court of Human RightsYukos
Type
Chapter
Information
The Changing Character of International Dispute Settlement
Challenges and Prospects
 , pp. 45 - 75
Publisher: Cambridge University Press
Print publication year: 2023

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