…procedural and substantive) of counterclaims has surely made States’ counterclaims in ISDS not an easy matter for consideration by the WG. The view of counterclaims as possibly a general means…

…approach to counterclaims appears to be influenced by the arbitration practice concerning investment contracts. In these cases, respondent states have filed counterclaims based on the violation of domestic law provisions…

…for counterclaims The Tribunal also addressed quite an unconventional objection to counterclaims regarding failure to comply with preliminary steps for negotiation and submission to the jurisdiction of local courts by…

…company’s intervention (¶ 504).   No Jurisdiction over Counterclaims Colombia filed counterclaims requesting compensation for the claimant’s mismanagement of Electricaribe. It alleged that this mismanagement meant that “Colombia was forced…

…to bring counterclaims. However, these are rare, and most treaties do not address the matter. Second, an investment tribunal might consider that it has jurisdiction over counterclaims even in the…

…of counterclaims under ISDS contract provisions is a completely different story. As Mr. Ampuero emphasized, Peru’s experience with counterclaims has been rather positive. More than 50% of the State’s ISDS…

…party conduct, which would in principle allow for greater costs to be imposed on obviously frivolous claims.   Permitting Counterclaims to Turn the Tables Counterclaims offer another avenue for holding…

…a general exception for environmental regulation similar to the one found in CAFTA. Treves raised several points on the complex issue of counterclaims. Allowing counterclaims entails a balancing exercise, whereby…

…of ADR; treaty interpretation by States parties; security for costs; means to address frivolous claims; multiple proceedings including counterclaims; and reflective loss and shareholder claims (together with the OECD). Throughout…

…South Africa) No Counterclaims should be permitted Permitting counterclaims may counter the perceived imbalance in favor of investors in IIAs. (e.g., South Africa) No Third-party intervention should be permitted Increasing…