Since childhood, we know that the attempt to sit between two stools is not a good strategy in any situation.
However, international investment arbitration is an exception to the rule. Thus, simultaneous consideration of two similar cases in two different arbitral institutions, but based on different causes of action, is quite common. So what are the formal causes of action (Contract claim and BIT claim) and approaches to the way out when investor or state decided to use both options?
Irina Moroz, Partner at AGA Partners,
Olga Kuchmiienko, Associate at AGA Partners
(exclusively for Yurist i Zakon (Lawyer and Law))
The article is available in Russian only.