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The Foundations of International Investment LawBringing Theory into Practice$
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Zachary Douglas, Joost Pauwelyn, and Jorge E. Viñuales

Print publication date: 2014

Print ISBN-13: 9780199685387

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780199685387.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 21 January 2022

Coordinating Adjudication Processes

Coordinating Adjudication Processes

(p.499) 16 Coordinating Adjudication Processes
The Foundations of International Investment Law

M. Waibel

Oxford University Press

This chapter examines the coordination of proceedings within the investment treaty regime. It considers the coordination tasks that arise in international investment law; the interests of investor and host states in respect of coordination; and potential coordination mechanisms. Taking the case of Lauder-CME v Czech Republic as the point of departure, it shows that the Lauder Tribunal surreptitiously adopted a derivative claims and no reflective loss model widely found in corporate law. It argues that derivative claims by shareholders and shareholder claims for reflective loss are generally inadmissible before investment tribunals. Shareholder rights are creatures of domestic law, and law is part of the applicable law before investment tribunals. Ultimately, however, effective coordination requires treaty change — yet host states are likely to resist moves towards effective coordination mechanisms as limited coordination allows them to file horizontal appeals.

Keywords:   international investment law, investment treaty regime, coordination, Lauder-CME v Czech Republic, host states, corporate law

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