We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Published online by Cambridge University Press: 13 July 2020
This chapter analyses what is probably the biggest concern raised by shareholders’ claims for reflective loss: parallel proceedings and the risks they engender such as inconsistent decisions and double recovery. Parallel proceedings, which can lead to double recovery and inconsistent or contradictory decisions, can severely impact the legitimacy of international investment arbitration by creating uncertainty, inconsistency, and unfairness. This chapter scrutinizes the different types of parallel proceedings to which shareholders’ claims for reflective loss can lead. It also undertakes an in-depth analysis of the dangers created by parallel proceedings. Finally, this chapter focuses on a specific instance of parallel proceedings involving proceedings before domestic courts and international courts or tribunals. In particular, it is explained why traditional claim-limiting provisions found in international investment agreements are of limited practical use in the context of shareholders’ claims for reflective loss.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
