…investment. On the other hand, Ecuador also brought counterclaims, under Rule 40 of the ICSID Arbitration Rules, for environmental damages arising out of Perenco’s operations. In 2014, the Tribunal found…

…that might be addressed is the lack of a proper mechanism to address human rights and environmental claims and counterclaims. Such claims might be dealt with by arbitral tribunals on…

…or regulations, and enabling States to bring counterclaims against investors in arbitration proceedings; • creation of a permanent court that would establish and manage lists of arbitrators and act as…

…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 Organisation for Economic Cooperation and…

Counterclaims, submitted within 15 days after tribunal constitution (Draft Provision 13, A/CN.9/WG.II/WP.214, paras. 108-111). (In past sessions, delegates discussed whether a response alone on the issue of (non)applicability of the…

…submitting written submissions, and timeframe for the rendering of the award, possibility to file counterclaims or additional claims, other procedural means aimed at making the process more efficient. A constant…

…whether the Provisions apply, all quantified claims, counterclaims and cross-claims are considered (Article 30(2); ICC Note to Parties, p. 12). This however, imposes the expeditious procedure to all disputes with…

…law can bar an investor’s access to ISDS; and counterclaims by states against investors are increasingly accepted as a means to sanction investor misconduct. Third, investor obligations are first and…