…brought counterclaims for environmental and infrastructure damages arising out of the operations in the oil blocks under the Participation Contracts, and not the BIT. Burlington (one of the members of…
…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) are also crucial….
…denial of benefits provision operating as exceptio non adimpleti contractus; enabling counterclaims by the host State (Indian Model BIT); subjecting the investor to civil actions before the judiciary of the…
…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,…
…a general exception for environmental regulation similar to the one found in CAFTA. Treves raised several points on the complex issue of counterclaims. Allowing counterclaims entails a balancing exercise, whereby…
…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 own,…
…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 against…
…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…
…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…
…improbable that it mention in its proposal the objections or counterclaims raised by the opposing party, unless it does so to rebut it. Hence, such an award could not fulfil…
…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 an…
…that an earthquake is almost never an isolated occurrence.6) In Burlington Resources Inc. v. Republic of Ecuador, ICSID Case No. ARB/08/5, Decision on Counterclaims dated 7 February 2017, the Tribunal…
…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…
…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…
…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…
…such an investor is a corporate entity incorporated outside the jurisdiction and several corporate layers removed from the investment). Counterclaims by a State against an investor are possible under some…
…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 a…
…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…
…host State of the investment to file counterclaims in arbitration based on violations by the investor of its obligations under the treaty (e.g. human rights, environment, corruption, etc.). Additionally, in…
…the yacht had traveled south of the navigation limit in both the application and the policy. The underwriters commenced arbitration proceedings in New York, and Galilea filed objections and counterclaims….
…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…
…December 2017, and expects to collect the balance by April. The parties have also agreed to an offset for the decision awarding Ecuador USD 42 million on its counterclaims, of…
…In addition, this mechanism concerns not only the claimant but also the respondent in the proceedings, which might eventually make well-founded counterclaims. The need for this financial solution increased substantially…
…now provide a new detailed procedure for submitting counterclaims and set-offs. In particular they establish time limits for submission of the counterclaim and set-off, and the consequences of an unjustified…
