The triple identity test Sample Clauses

The triple identity test is not satisfied‌ 53 The main objective of fork-in-the-road clauses is to prevent disputes with same parties, objects and causes of action from being adjudicated multiple times.60 These clauses are very close to the principle of lis pendens, which means that they are based on the ne bis in idem rule, which requires that the object and the ground of the two claims are the same.61 However, if the two disputes do not have either the same parties, objects or causes of action, the triple identity test is not satisfied and the fork-in-the-road preclusion cannot occur. This approach is widely accepted and used by numerous tribunals.62 54 Claimant submits that the Tribunal should rule against the fork-in-the-road preclusion since the triple identity test is not met. In Pan American, tribunal upheld the position of numerous other tribunals in deciding that it would be little use in setting up international arbitral procedures for investment disputes if the tribunals would “assume lightly that choices of forum have been made by claimant […] in favour of the host State’s judicial system”.63 Accordingly, the Tribunal should apply the triple identity test strictly, not allowing Respondent any deviation or loose interpretation of the three mentioned criteria.
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