You are currently viewing the statements in a list. To view them in their context,
click here.
You are currently viewing the statements in their context. To view them in a list, click
here.
If an IIT stipulates that no claim may be submitted to arbitration without a waiver of local remedies, the word "claim" applies to each distinct claim, not the whole arbitration; thus, a waiver may be valid in respect to some claims, and invalid in respect to others
Without an agreement by the parties, a tribunal cannot remedy a jurisdictional defect
In case an IIT requires claimant to waive local remedies, the waiver is not restricted to damage claims; additionally, the fact that it is unlikely that local remedies would be successful is of no relevance for a waiver requirement
Protection of Investors under IITs
Dispute Settlement Clauses
Fork in the Road Clauses
If an IIT stipulates that no claim may be submitted to arbitration without a waiver of local remedies, the word "claim" applies to each distinct claim, not the whole arbitration; thus, a waiver may be valid in respect to some claims, and invalid in respect to others
In case an IIT requires claimant to waive local remedies, the waiver is not restricted to damage claims; additionally, the fact that it is unlikely that local remedies would be successful is of no relevance for a waiver requirement
Jurisdiction
Consent by the Parties
Without an agreement by the parties, a tribunal cannot remedy a jurisdictional defect