Многосторонние споры и массовые иски в международном инвестиционном арбитраже

This graduate thesis is aimed at examining a multi-party and mass claim in international investment arbitration and also defining the key features of this procedure. The relevance of this research is motivated by the necessity for the transparent and predictable investment arbitration practices. The main objective of the paper is to identify and analyze the factors and principles taken into account by the arbitral courts in deciding whether to allow a multiparty arbitration and mass claims in investment-state arbitration. Therefore, this paper provides an in-depth analysis of the correctness of the reasoning and findings made in recent investment cases. Another purpose is to difine requirements for a second or additional parties’ consent for multiparty arbitration because it is a foundation of the tribunal’s jurisdiction and also because defining the scope of consent is the most complex jurisdictional element in multi-party arbitration. Specifically, the article discusses whether the tribunal’s decision allows «mass arbitrations» within the ICSID Сonvention (International Centre for Settlement of Investment Disputes, 1965), the jurisdictional requirements and the issue of admissibility of claims under the ICSID Convention. This analysis is followed by a brief summary of the majority decisions and dissenting opinions of arbitrators in investment cases. As a result of the research,the Author suggests to adopt specific rules on «mass arbitrations» in the form of Additional Facility Rules given the growing examples of multiparty investment disputes and controversial arbitral awards.