…about transparency and perverse incentives (October 2019 Session Report, paras. 17-25); the asymmetric nature of ISDS, with arrangements limiting scope for states to make counterclaims and excluding third parties from…

…domestic laws, there is great promise for successful ESG-related counterclaims. This blog post takes a trip down the rabbit hole to identify the procedural mechanisms that enable counterclaims, the thorny…

…and, more specifically, authorised them “to sign the arbitration document, sign and submit applications […] file and submit counterclaims […] and sign any documents”. The DCC upheld the CoA Judgment…

…consider counterclaims in the context of climate change. Although ICSID (Rule 48, 2022) and UNCITRAL (Article 21, 2013) Rules permit counterclaims under certain circumstances, the tribunal’s jurisdiction is arguably limited…

…enabling them to bring counterclaims (see Hesham T. M. Al-Warraq v Republic of Indonesia, UNCITRAL, Final Award (15 December 2014), para. 667). Moreover, the risk of counterclaims may compel investors…

…by Claimants. Respondents also filed counterclaims against Claimants. After issuing its holdings on jurisdiction, the Tribunal held that Respondents breached only one of the agreements and dismissed Claimants’ remaining claims….

…close attention. While we are unlikely to see “strategic climate arbitration”, strategic climate litigation is likely to prompt new causes of action and counterclaims in industries where arbitration is already…