…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…

…the respondent states in their counterclaims were not “based on international law” per se, but rather as arising in relation to the underlying investment treaty. See, Urbaser v. Argentina, at…

counterclaims by the Respondent concerning the Claimant’s violations of indigenous rights and pollution of water sources, stated in response to State allegations that the Claimants’ employees committed human rights violations….

…may be of assistance include transparency, amicus curiae participation in the proceedings and recognising the use of counterclaims. Prof. Chang-Fa Lo (Permanent Representative of Taiwan, World Trade Organization) presented on…