Ancillary Claims, Procedural Effectiveness and Avoidance of Conflicting Outcomes in Parallel and Consecutive Arbitrations: Questions Raised by the ITERA Decision on the Admissibility of Ancillary Claims
Article from: TDM 3 (2012), in Case Comments & Awards
Abstract
Parallel arbitral proceedings, though problematic, are not uncommon, possibly giving rise to Treaty shopping in Investment arbitration. Such proceedings do not call for a single solution, but for a variety of solutions. All of these solutions are prompted by policy considerations such as procedural efficiency/effectiveness and the avoidance of conflicting outcomes (i.e. anticipatory res judicata). Being imported from the realm of litigation into the realm of arbitration, they all disregard the intent of the parties. The ITERA case gave rise to parallel international commercial ...