…whether human rights norms are within the scope of a tribunal’s jurisdiction and, relatedly, whether they may permit counterclaims based on human rights. As affirmed by the Tribunal in Gavazzi…
…environmental impact assessments. And the Pan-African Investment Code, a template treaty developed by the African Union, omits the FET standard and allows states to submit counterclaims in arbitral proceedings. Some…
…of counterclaims. Counterclaims in Investment Arbitration Filing a counterclaim can serve both as an independent claim for liability and damages, as well as a tool (incidentally) focused on the…
…contributors on the regime interactions between investment arbitration and other functional areas of international law, including treaty interpretation (Kiran Gore), counterclaims (Crina Baltag and Ylli Dautaj), climate law (Anja Ipp),…
…of the Host State to file counterclaims; A requirement that investors, in commencing arbitration, consent to recognizing (1) concerns of human rights, environmental protection, sustainability and investment protection as interrelated…
…(such as States making counterclaims based on breaches of environment law). Thirdly, there is an increased willingness by tribunals to review and deal with environmental law issues. Social Mr….
…be suspended or continued. However, in the latter case, the defaulting party may only submit counterclaims once the requested advance has been paid in full. This welcome innovation, which shows…
…procedural and substantive) of counterclaims has surely made States’ counterclaims in ISDS not an easy matter for consideration by the WG. The view of counterclaims as possibly a general means…
…depending on who commenced proceedings because that would make little sense once counterclaims – in which the roles of initiator versus target of the complaint are reversed – come into…
…company’s intervention (¶ 504). No Jurisdiction over Counterclaims Colombia filed counterclaims requesting compensation for the claimant’s mismanagement of Electricaribe. It alleged that this mismanagement meant that “Colombia was forced…
…South Africa) No Counterclaims should be permitted Permitting counterclaims may counter the perceived imbalance in favor of investors in IIAs. (e.g., South Africa) No Third-party intervention should be permitted Increasing…
…certain State counterclaims; Judicialization, e.g., the European Union’s proposal for a multilateral investment court, which is included in the EU-Canada Comprehensive Economic and Trade Agreement, and the EU-Singapore and EU-Vietnam…
…provide States with the possibility of bringing counterclaims or include a denial of benefits clause where CSR obligations are not met, such provisions would still require an investor to bring…
…panel, Mr. Ampuero referred to the possibility of counterclaims by States in investment arbitration, an option that is quite debatable since, in principle, most tribunals have considered that treaties provide…
…part. The Registrar may set a time limit on the expiry of which the relevant claims or counterclaims shall be considered as withdrawn. London Court of International Arbitration (LCIA)…
…Courts’ powers to grant interim measures, the pervasive use of technology throughout the arbitration process, the summary disposal of claims, counterclaims and defenses, the imposition of certain disclosure requirements with…
…the Registrar. In the following, we briefly discuss these and other changes for some initial guidance. Early determination The 2021 DIFC-LCIA Rules allow summary treatment of claims, counterclaims, and…
…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…
…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…
…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…
…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…
…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…
…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…
