The objects are not identical Sample Clauses

The objects are not identical. ‌ 60 For the fork-in-the-road preclusion to occur the two proceedings would need to have the same object, i.e. that the same type of relief is sought73 or that both claims have the same “material facts”74. If the two disputes have the same object a party is precluded from filing both claims due to the fork-in-the-road mechanism.75 61 In this case, the claim filed before Kronian courts and the claim filed in this arbitration do not have the same object, neither in regard to the relief sought nor in regard to the material facts. In the domestic suit, Xxxxxxxx’s goal was to quash the Decree due to its unconstitutionality. In contrast, the present claim is of compensatory nature, with which Xxxxxxxx is essentially seeking a declaration that Respondent violated its obligations under the BIT as well as compensation for those violations. Due to the difference in both proceedings, different material facts will be used to support each claim. The material facts in the domestic suit are based on the procedure of the enactment of the Decree and whether it violated provisions of the Kronian legislature. As for this arbitration, the material facts concern Respondent’s actions towards Xxxxxxxx’s investment and whether those actions violated the provisions of the BIT. 62 Since the national and international claim lack both identity in cause of action as well as in object, Claimant submits that the fork-in-the-road mechanism was not triggered. Consequently, the Tribunal should find that Xxxxxxxx’s claims are admissible and should proceed with this arbitration.
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