Disputes between investors and States are becoming increasingly complex as they may involve parallel proceedings with partially or fully overlapping parties in domestic courts, various arbitration tribunals, and other adjudicative bodies. The approaches of international tribunals to traditional public international law doctrines, such as exhaustion of remedies and res judicata, differ, leading to a lack of legal certainty. States may assert counterclaims or resist enforcement to minimize the adverse consequences of arbitral proceedings. Issues such as parallel proceedings and elective loss have drawn the attention of UNCITRAL Working Group III, which is trying to find solutions to these problems.

Chloe will take part in a panel session on exhaustion of domestic remedies, res judicata, and interaction with domestic courts.

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