…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…
…applicable 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…
…treaty-based counterclaims by a respondent State. The majority of the tribunal held that the BIT in question contained no consent for the submission of respondent State counterclaims. Primarily a dispute…
…decision in Perenco seems to confirm that counterclaims brought under a contract between the State and the investor may call for a more straightforward jurisdictional analysis than treaty-based counterclaims. …
…of this article, to follow. (NB. For a more detailed analysis on counterclaims, see José Antonio Rivas, ICSID Treaty Counterclaims: Case Law and Treaty Evolution, TDM Vol. 11, issue 1.)…
…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…
…Counterclaims The Burlington Tribunal’s Decision on Counterclaims (awarding US$ 39 million to Ecuador), left it to the Perenco Tribunal to deal with any issues of double recovery by Ecuador given…
…such an investor is a corporate entity incorporated outside the jurisdiction and several corporate layers removed from the investment). Counterclaims by a State against an investor are possible under some…
…similarly requires investors to comply with all applicable domestic measures while expressly allowing for counterclaims by the host State, though it has never entered into force. A 2008 Supplementary Act…
…clear whether an ISDS tribunal was the optimal forum to address such counterclaims. On the one hand, State counterclaims, as she explained, offer a way to balance the playing field…
…is to not allow respondent states’ moral damages counterclaims in investment arbitration. Alternatively, if the tribunals are to find a rationale for admitting such counterclaims, it appears that it should…
…which the relevant claims, or counterclaims, shall be considered as withdrawn. Should the party in question wish to object to this measure, it must make a request within the aforementioned…
…the contractor’s counterclaims when the contractor had not first referred them to adjudication. The English courts have adopted a more nuanced view, finding that as a matter of discretion they…
…it lacked jurisdiction to hear the parties’ claims and counterclaims brought under the Israel-Uzbekistan BIT and Uzbek law due to corruption related to Metal-Tech’s investment in Uzbekistan. In particular, the…
…stage, the anti-corruption obligation applies at all stages. Any violation of these obligations bars the Investors’ access to the BIT’s protections and can become the basis of counterclaims by the…
…that a section 67 application involved a rehearing of the jurisdictional point. In Norscot Rig the applicant challenged the jurisdiction of the arbitrator to adjudicate certain set-offs and counterclaims by…
…phrase “all disputes” used in a Respondent’s notice to appoint an arbitrator was effective to interrupt a limitation period in respect of any counterclaims (which had not been made by…
…Costa Rica) suggests that an earthquake is almost never an isolated occurrence.6) In Burlington Resources Inc. v. Republic of Ecuador, ICSID Case No. ARB/08/5, Decision on Counterclaims dated 7 February…
…filed counterclaims against EDFI in the ICC proceedings. The arbitral tribunal granted EDFI´s claims and the Respondents´ counterclaims and ordered that the respective awards be set off against each other….
…improbable that it mention in its proposal the objections or counterclaims raised by the opposing party, unless it does so to rebut it. Hence, such an award could not fulfil…
