Parallel Proceedings. Foreign Investment and Human Rights Claims

This paper focusses on the management of claims related to the same factual matrix before investment arbitral tribunals and the European Court of Human Rights (ECtHR). The claims are based, respectively on an investment treaty (or legislation or contract) and the European Convention on Human Rights (ECHR). The paper examines how tribunals should coordinate the exercise of their jurisdictions, how they should deal with the merits (including applicable law and issues of interpretation), and how they should avoid double recovery. The complex disputes related to Yukos will be discussed with a view to formulating some tentative recommendations on how to manage parallel proceedings before the ECtHR and investment arbitral tribunals.