…EU–Vietnam Investment Protection Agreement (2019). Trend 3: Counterclaims and Investors’ Obligations To restore balance in the ISDS system, discussions focused on empowering States not only to defend against claims but…
…disputes. The consequence of an inability to bring counterclaims leads to several critical issues, such as fragmentation of disputes and parallel claims. For investors, allowing counterclaims could ensure predictability and…
…benefit of the foreign partners or shareholders that initiated a claim a under a BIT (see Article 135 of the Decree). Counterclaims brought by the State. In investor-state arbitration, the…
…climate law and international investment law was further analysed, by focusing on two topics currently on the front burner of international investment law: counterclaims in investment treaty arbitration and international…
…the Tribunal approved the joinder in October 2021, with TPP and TMC (along with Greenfield “Claimants”) accepting the constitution of the tribunal. Both sides submitted claims, counterclaims, and replies, leading…
…on the consent order and the underlying agreement with Lebovic, who brought counterclaims after purporting they were arbitrable under the consent order, among others. However, a week prior to the…
…fraud and duress. On 1 September 2016, the arbitral tribunal rendered an award rejecting all of (i) Opportunity’s claims and (ii) Telecom Italia’s counterclaims. On 5 December 2016, Opportunity filed…
…CSW’s counterclaims. CSW then commenced setting aside proceedings in the Court of Appeal of The Hague (“the Court of Appeal”), as the court of first instance in accordance with Article…
…asymmetrical and render counterclaims by host States arduous (see here for previous coverage)? Besides, there is an inherent risk of inconsistent arbitration outcomes and “unfair policy intervention” as arbitral tribunals…
…the necessary conclusions as to the parties’ respective claims and counterclaims. Contractor v. Employer (Award), CRCICA Case No. 1314/2019, 04 November 2021 Ismail Selim, CRCICA, ITA Reporter for the…
…clauses, allowing counterclaims, and incorporating corporate social responsibility. Ms. Kinnear noted that ICSID is also taking the “AI journey,” sharing that ICSID is currently piloting the World Bank’s AI project…
…about transparency and perverse incentives (October 2019 Session Report, paras. 17-25); the asymmetric nature of ISDS, with arrangements limiting scope for states to make counterclaims and excluding third parties from…
…years, or certain active or passive sales restrictions, including prohibitions on using the internet to sell. Those restrictions potentially imposed on the contracting party may result in legal claims/counterclaims and…
On 6 February 2024, the Chartered Institute of Arbitrators (CiArb) European Branch/French Chapter held a seminar at the Paris office of Bird & Bird moderated by Jalal El Ahdab (Bird&Bird)…
…domestic laws, there is great promise for successful ESG-related counterclaims. This blog post takes a trip down the rabbit hole to identify the procedural mechanisms that enable counterclaims, the thorny…
…and, more specifically, authorised them “to sign the arbitration document, sign and submit applications […] file and submit counterclaims […] and sign any documents”. The DCC upheld the CoA Judgment…
…to allow the arbitration of the counterclaims raised by the host State. Some treaties explicitly provide for the host State to bring counterclaims, such as in the Slovakia-Iran BIT Article…
…the financing of claims or counterclaims on the basis of which this latter party has a beneficial interest in the outcome of the arbitration. Such a requirement has, for example,…
…Where counterclaims are filed with the Answer, a reply to the counterclaims is also to be filed within 21 days from the receipt of the Answer. In contrast, both the…
…consider counterclaims in the context of climate change. Although ICSID (Rule 48, 2022) and UNCITRAL (Article 21, 2013) Rules permit counterclaims under certain circumstances, the tribunal’s jurisdiction is arguably limited…
…enabling them to bring counterclaims (see Hesham T. M. Al-Warraq v Republic of Indonesia, UNCITRAL, Final Award (15 December 2014), para. 667). Moreover, the risk of counterclaims may compel investors…
…becomes more comprehensive than envisaged beforehand or in case counterclaims are filed. It is advisable to rely on an arbitral institution as a neutral third person to decide on the…
…costs on the basis of the basic principle of the costs that follow the event or the parties’ relative success on the claims and counterclaims advanced in the arbitration as…
…by Claimants. Respondents also filed counterclaims against Claimants. After issuing its holdings on jurisdiction, the Tribunal held that Respondents breached only one of the agreements and dismissed Claimants’ remaining claims….
