…include creation of Code of Conduct for Arbitrators, the advocate mechanism, and enhanced due process. Procedural advancements, such as allowing counterclaims and the participation of non-parties as amicus curiae, are…
…are impacting the performance of contracts. In investment-state arbitrations, ESG claims are frequently being asserted by claimants as well as in defenses and counterclaims by states, and ad-hoc arbitrations are…
…and allow the new operator to initiate state court proceedings. In addition, this could also lead to jurisdictional uncertainties where reciprocal or counterclaims exist. Conclusion Both acquirers as well…
…close attention. While we are unlikely to see “strategic climate arbitration”, strategic climate litigation is likely to prompt new causes of action and counterclaims in industries where arbitration is already…
…dispute for the Expedited Procedure Rules to apply, from SAR 200,000 to SAR 4 million (including claims, counterclaims, set-offs, and cross-claims). From users’ perspective, the increased threshold to SAR 4…
…investment arbitration can play in tackling climate change. For instance, we have seen successful environmental counterclaims by States against polluters (see, e.g. Burlington. v. Ecuador), and tribunals rejecting expropriation claims…
…counterclaims. On the one hand, cases such as BSGR v. Guinea and Cortec Mining v. Kenya prove that States can successfully defend their cases when investors fail to comply with…
…claims or concerning States’ counterclaims for investors’ alleged breaches. Ignacio Zapiola (Manager of Litigation and International Affairs of YPF S.A., Buenos Aires) referred to the growing amount of ICC cases…
…interaction (e.g., environmental law, human rights, labor standards, etc.). Focus on sustainable development. Focus on investor obligations and state counterclaims. Focus on the cases states have lost, the status of…
…right will arise in disputes, perhaps in the context of counterclaims. Looking Ahead Altogether, 2022 was largely a continuation of trends from prior years. However, the aperture for human…
…Often, the underlying IIA neither expressly authorizes nor excludes counterclaims. In this case, the host State has to prove either the existence of a separate agreement to arbitrate counterclaims (see…
…the respondent states in their counterclaims were not “based on international law” per se, but rather as arising in relation to the underlying investment treaty. See, Urbaser v. Argentina, at…
…counterclaims by the Respondent concerning the Claimant’s violations of indigenous rights and pollution of water sources, stated in response to State allegations that the Claimants’ employees committed human rights violations….
…may be of assistance include transparency, amicus curiae participation in the proceedings and recognising the use of counterclaims. Prof. Chang-Fa Lo (Permanent Representative of Taiwan, World Trade Organization) presented on…
…Mr. Terry also identified certain challenges concerning the filing of counterclaims under the state’s domestic law, including that BITs often provide that the law of the arbitration is comprised by…
…applications to exclude evidence, several requests for document production, introduction of new claims and counterclaims) and many procedural issues often become unnecessarily contentious (e.g., timetables, mode of hearing, hearing bundles)….
…Petroleum Services Corp. (Premium) against Superior Energy Services Colombia S.A.S. and Superior Energy Services Inc. (collectively, Superior), and Superior’s counterclaims against Premium, in accordance with Columbian law, arising from a…
…constructionists and those arguing legitimacy is threatened if public policy is not even considered. In addition, States’ counterclaims, as allowed by Article 46 of the ICSID Convention, are tools that…
…State claims and counterclaims as an incentive for settlement. *** It is undeniable that the world of international arbitration cannot exist in a vacuum and that it will…
…known implications. Last, Rachael O’Grady (Mayer Brown) looked at how in investment disputes, have procedural shields and a sword with counterclaims. Counterclaims can be defined as positive claims by the…
…up to me to assess the notices of arbitration, as well as the answers to such notices and, if applicable, the counterclaims. My main functions entail the administration of an…
…be exercised early on, such as the right to raise counterclaims for instance. Ms. Argac emphasized the importance of retaining outside counsel sufficiently early in the case to advise on…
…had objected to the decision of the DIAC to close the casefile and consider the claims and counterclaims withdrawn. In a recent case which ended up before the Dubai courts,…
…awards, orders, and decisions. In the case of counterclaims, the amended rules allow for “ancillary claims” (i.e., counterclaims), presuming implied consent to submission of counterclaims if: (1) they arise of…
