…in March/April 2020 will focus on counterclaims, dispute prevention and the reform instruments. Without doubt, the discussion under UNCITRAL Working Group III represents a welcomed effort to improve the system…
…was in breach of a number of agreements with HB and that RJ was “the beneficial owner of the shares in [the bank] purchased with his…US$75m” (‘Award #3’). RJ’s counterclaims…
…of local remedies, counterclaims, non-disputing party participation and other methods outside of arbitration for settling investor-State disputes. The Group decided not to specifically address any of these concerns on their…
…uses and customs of the arbitration institution (…)”. In the cases where the three arbitrators were involved, the parties constantly increased their claims and counterclaims, which led to a rise…
…written submissions; (iv) counterclaims and additional claims; (v) the taking of evidence; (vi) hearings; and (vii) the making of the award. Participants at the 71st session—which included representatives of various…
…legal matters such as “interpretation” or “applicable law”, whereas most discussions of nut-and-bolts contractual matters or counterclaims are found in awards and decisions; Questions of “evidence” (standard, weight, etc.), however,…
…determining compensation. Examples potentially take the following forms: denial of benefits provision operating as exceptio non adimpleti contractus; enabling counterclaims by the host State (Indian Model BIT); subjecting the investor…
…the limited context of international investment arbitration. Background on Corruption Defenses in International Investment Arbitration Corruption defenses generally arise in two scenarios: (1) where a State counterclaims that an investor…
…would be interested to hear from readers whether they have made negative experiences with the late admission of counterclaims and what criteria should in their view be decicive for the…
…CDE’s defenses and counterclaims. The governing law was Ethiopian while arbitration was conducted under the Procedural Rules on Conciliation and Arbitration of Contracts Financed by the European Development Fund (“EDF…
…in arbitration: Our contract provides for arbitration, UNICTRAL rules, and specifies three arbitrators. The claims and counterclaims in our dispute total [less than $500,000] and the respondent rejected our proposal…
…and ‘case management conference’ and the various Topic Sheets: 1. Request for Arbitration; 2. Answer and Counterclaims; 3. Multiparty Arbitration; 4. Early Determination of Issues; 5. Rounds of Written Submissions;…
…its case, and that there may be due process concerns if the insolvent party or trustee cannot bring counterclaims. Ank Santens, a Partner at White & Case in New York,…
…arbitration-friendly. Ultimately, Party A should be required to make its case before the correct forum (and it may do so by way of counterclaims in the arbitration initiated by Party…
…it had complied with the contracts but that Jnah had committed various breaches thereof. In 2003, an arbitral tribunal rejected Marriott’s claims and granted certain counterclaims of Jnah. A few…
…and counterclaims. In addition, the term “apart from the costs of arbitration” has been deleted in Rule 33, which relates to legal and other costs. This change was made because…
…as in-house counsel. It had been a particularly acrimonious ICC proceeding with sizeable claims and counterclaims among four distinct parties. After two years of arbitration, however, we were still at…
…is funded and no juries are around, but there are frequently counterclaims brought. Either way, perhaps a tribunal may feel more “comfortable” being less concerned about the damages when deeper…
…counterclaims at issue. There exists another provision of the Belgian Code of Civil Procedure – governing an exceptional recourse against judicial decisions (Article 1138, 4) – which also contains this…
…the majority of Pemex’s counterclaims; later on, the arbitral tribunal issued its award on quantum. Conproca filed before the United States District Court for the Southern District of New York…
…by any subsequent increase in the value of claims or counterclaims, for example in the Statement of Defence. Article 42(1) also allows for voluntary expedited proceedings. Indeed, the parties are…
…to subject themselves to the jurisdiction of U.S. courts and the resulting counterclaims that would inevitably follow. As Chevron put it in a statement today, “If the plaintiffs’ lawyers believed…
…for the summary procedure has been increased to RMB 2 million. Furthermore, if the amount in dispute later exceeds the threshold because of, for example, amendments to claims or counterclaims,…
…2002 alleging wrongful termination. The contract was governed by Indonesian law. PT Prima defended the legality of its termination and also mounted counterclaims for alleged breaches of contract by Kempinski…
