Vasilis Pappas, Romeo Rojas, and Gita Keshava have contributed a chapter to Global Arbitration Review's The Guide to Energy Arbitrations (4th Ed.) entitled "When Consolidation Fails: The Challenges of Parallel Arbitration Proceedings".
It explores the challenges that parties and arbitrators face when they are involved in an arbitration in which there are parallel arbitration or court proceedings with overlapping legal and factual elements that cannot be consolidated.
The chapter examines how:
- various domestic legal systems approach consolidation;
- investment treaties and international investment law address parallel proceedings; and
- transactional lawyers can prevent or mitigate the risks associated with parallel arbitration or court proceedings when drafting dispute resolution provisions.
The chapter also provides recommendations for arbitration practitioners to mitigate the risks associated with parallel arbitration or court proceedings once disputes have arisen.