Application of the antisuit injunctions within the context of parallel investorstate disputes
Journal Title: Альманах міжнародного права - Year 2018, Vol 20, Issue
Abstract
The article deals with the peculiarities of application of the antisuit injunctions in the context of international arbitration, as well as assesses the effectiveness of this instrument aimed at preventing parallel proceedings between a foreign investor and a State. The article offers a comparative analysis of the antisuit injunctions application in international commercial and investment arbitration. Particular analysis addresses case law of the European Court of Justice and the International Center for the Settlement of Investment Disputes. When comparing interna tional commercial and investment arbitration procedures, the author suggests that international investment tribunal possess more opportunities in order to apply the antisuit injunctions. The case if that the international investment tribunals, unlike the commercial arbitration ones, de pend to lesser extend on domestic courts when it comes to recognition of the antisuit injunction orders. However, the author concludes by supporting the approach taken by other scolars that the antisuit injunctions result to be a hardly effective instrument in order to prevent the paral lel investorstate disputes. The author come to such conclusion due to the lack of enforcement mechanisms (including sanction) the investment arbitration tribunal can apply against a party that initiates the parallel proceeding in violation of such antisuit injunctions order issued by the international investment tribunal.
Authors and Affiliations
О. В. КРИВЕЦЬКА
Keywords
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