1. MOST FAVORED NATION TREATMENT OF SUBSTANTIVE RIGHTS &
INVESTMENT ARBITRATION IN CHINA

2. Multiple Methods of Resolving Disputes
Between States and Foreign Investors
Dr Alexandra Koutoglidou
Vrije Universiteit Brussel

3. Multiplicity A pragmatic concept Scope and origins of multiplicity
Point of reference: The investment dispute

4. Possible Scenarios of Multiplicity
Parallel Procedures
Multi party procedures lato sensu: Different Claimants vs/ the same Respondent State
When the parties in dispute are different
When the causes of action are different

5. Possible Means of Handling Parallel Procedures
The “fork in the road” clause
The waiver clause
The principle of lis pendens
An Appellate Court?

6. Successive Procedures
Investment arbitration following a national court’s final award
A denial of justice claim
The award of a national court as the source of an investment treaty dispute

7. Possible means of handling successive procedures
The “fork in the road clause”
The principle of “res judicata”
An Appellate Court?

8. Multiplicity under Criticism
For pragmatic reasons:
Waste of public resources
The cost of compensation

9. Multiplicity under Criticism
For legitimacy related reasons:
Why a special treatment for investors?
Risk of conflicting awards
Credibility/Authority of the system

10. Conclusions How justified is the legitimacy criticism?
Are different awards always and necessarily conflicting awards?
Efficient means of managing multiplicity
Future prospects