…even valid counterclaims. Below I discuss a recent case and ask some questions about possible motivations. In this post, I hope to invoke some responses and insights from readers on…
…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…
…exclusion of the counterclaims from the expert’s analysis. The Supreme Court held that the tribunal was entitled to reduce the scope of the expert’s mandate since (i) in the relevant…
…42 days. Referring to equality principle, the foreign subcontractor convinced the administrator to grant it additional 42 days to prepare its counterclaims (Case No. 31/2017). The ICAC Schedule of Arbitration…
…raised a counterclaim or set-off claim. In such instances, FAI Rules permit FAI to fix separate advances on costs for the claims, counterclaims and set-off claims and order each of…
…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….
…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…
…Ordinance, 2017 [Ord. No. 5 of 2017].) Clarifications concerning the scope of counterclaims permissible in IPR arbitrations (such as express exclusion of counterclaims challenging the validity or registration of IPR)…
…44 of the Belgrade Rules provides that, as a default rule, the parties will be ordered to advance one half of the costs each, upon calculation of all claims, counterclaims…
…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…
…and arbitration events etc.), it is clear that the overall impact of the arbitral community on the environment is significant. Anecdotally, a photograph reproduced in the Decision on Counterclaims (at…
…submit counterclaims in arbitration proceedings. No consensus has been reached for the adoption of the PAIC, which instead of a binding document applies as a source of inspiration and a…
…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…
…1.5M could only be reached if 97% of the appellant’s claims were granted by an award. By contrast, in case of a settlement, the reduction of the counterclaims by a…
…London. The subsidiary managed to defend approximately USD 350 million-worth of counterclaims and was awarded approximately USD 18.5 million in its favour. The arbitral award was obtained in late 2011…
…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…
…the ISDS Annex between the U.S. and Mexico refers in passing to possible “counterclaims” by respondent States (Article 14.D.7), it is largely structured to focus upon claims filed by investors…
…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…
…Counterclaims can also be utilised spuriously to threaten human rights holders in bringing a claim, which has largely been unaddressed in the Rules. The lack of a basis in the…
…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…
…to submit counterclaims in arbitration proceedings. Notably the PAIC retains the right to resolve disputes by ISDS, but requires an African dispute resolution centre. Although the PAIC is non-binding, it…
…which must also include any counterclaims or claims for set-off. Draft provision 13 allows for amendments or supplements to a claim or defense within 30 days of the Statement of…
…in the same way as the ICC Rules, rather stating that the parties may determine their own monetary limit for expedited claims. Claims and counterclaims above that threshold may then…
