Existence and Extent of the Problem: A Snapshot

Leyla Bahmany

Jump to Content

Chapter 1 Existence and Extent of the Problem: A Snapshot

In: Double Recovery in Investment Arbitration

Author:

Leyla Bahmany

Leyla Bahmany
Search for other papers by Leyla Bahmany in
Current site
Google Scholar
PubMed

Type:: Chapter

Pages:: 11–16

DOI:: https://doi.org/10.1163/9789004549463_004

Purchase instant access (PDF download and unlimited online access):

€35.94€29.95 excl. VAT

Add to Cart

Redeem Access Token

Abstract

This book analyses the risk of double recovery in investment arbitration and suggests a solution to the problems it creates. The risk of double recovery has not been thoroughly addressed by investment arbitration tribunals or commentators, and this has resulted in host states’ concerns about the integrity of the ISDS system. The solution that is set forth in this work neither suggests a fundamental change to present legal doctrines and practice, nor requires a fundamental change to the regulatory system to take place in order for the solution to become operative. The proposed solution consists of two parts: first, recognising the prohibition of double recovery as a principle in international investment law; and second, setting out a legal mechanism to implement the principle in order to avoid double recovery. The mechanism (which covers both scenarios of parallel proceedings and sequential proceedings) utilizes three procedural tools: the res judicata principle, the lis pendens principle, and the power of tribunals/courts to stay proceedings. Traditionally, for res judicata and lis pendens to be applicable, a triple identity test (same parties, same cause of action, and same relief/object) must be met. The book argues that the traditional application of the identity test in this international context is misguided, and proposes instead a coherent, principled identity test that is in line with the underlying policies of international investment law. The book also explains that the term “double recovery” does not entirely correspond to the phenomenon it is known to represent and suggests that the term “double compensation” be used instead.

Citation Info

Save
Cite
Email this content

Share link with colleague or librarian

You can email a link to this page to a colleague or librarian:
Email this content
or copy the link directly:

https://brill.edhh.ma/abstract/book/9789004549463/BP000004.xml
The link was not copied. Your current browser may not support copying via this button.

Link copied successfully

Collapse
Expand

Double Recovery in Investment Arbitration

Toward a Principled Treatment of Double Compensation

Series: Nijhoff International Investment Law Series, Volume: 24

Cover Double Recovery in Investment Arbitration

E-Book ISBN:: 9789004549463

Publisher:: Brill | Nijhoff

Print Publication Date:: 03 Aug 2023

Subjects
- International Law

Front Matter

Part I Contours of the Problem

Part II Existing Approaches to Double Compensation

Part III Restating the Law on Double Compensation

Appendices

Back Matter

Metrics

	All Time	Past 365 days	Past 30 Days
Abstract Views	371	230	14
Full Text Views	15	5	1
PDF Views & Downloads	31	6	1

African Studies	Education	Media Studies
American Studies	History	Middle East and Islamic Studies
Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
Art History	International Law	Philosophy
Asian Studies	International Relations	Religious Studies
Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
Biology	Languages and Linguistics	Social Sciences
Book History and Cartography	Life Sciences	Theology and World Christianity
Classical Studies	Literature and Cultural Studies

Subjects

Authors

Open Access

Product Information

Company

Contact

Chapter 1 Existence and Extent of the Problem: A Snapshot

Abstract

Citation Info

Share link with colleague or librarian

Double Recovery in Investment Arbitration

Toward a Principled Treatment of Double Compensation

Table of Contents

Metrics

Metrics