Split Claims: Navigating Overlapping Disputes in Commercial and Treaty Arbitration

Presentation

As cross-border transactions and regulatory measures grow more complex, parallel proceedings have become an increasingly common feature of international arbitration. A single dispute may give rise to both commercial and treaty claims – brought by different parties, under different instruments, and before different tribunals.

This panel will examine the legal and strategic challenges that arise when commercial and treaty proceedings run in parallel: jurisdictional tensions, lis pendens and res judicata objections, inconsistent factual findings, and the coordination of witnesses and evidence across forums. Our panel will share practical insights on how to navigate and align these complex, cross-forum disputes.

Designed for arbitration practitioners, in-house counsel and policy advisors alike, the discussion will offer forward-looking perspectives on how coherence can be promoted across parallel proceedings while preserving the independence and integrity of each arbitral process.