International Investment Law and Arbitration Commentary, Awards and other Materials

This chapter addresses preliminary objections that may be made to consideration of an investment arbitration claim on its merits. The topic is addressed in five parts. Section 1 introduces the concepts of ‘jurisdiction’ and ‘admissibility’. Section 2 discusses the practical relevance of that distinction. Section 3 sets out the procedural framework for dealing with issues of jurisdiction and admissibility. Section 4 addresses, somewhat briefly, those objections to jurisdiction and admissibility that have been most important in arbitral practice. Section 5 concludes the chapter with a deeper examination of one particular objection: an objection relating to parallel proceedings.