…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…
…to allow the arbitration of the counterclaims raised by the host State. Some treaties explicitly provide for the host State to bring counterclaims, such as in the Slovakia-Iran BIT Article…
…the financing of claims or counterclaims on the basis of which this latter party has a beneficial interest in the outcome of the arbitration. Such a requirement has, for example,…
…Where counterclaims are filed with the Answer, a reply to the counterclaims is also to be filed within 21 days from the receipt of the Answer. In contrast, both the…
…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…
…becomes more comprehensive than envisaged beforehand or in case counterclaims are filed. It is advisable to rely on an arbitral institution as a neutral third person to decide on the…
…costs on the basis of the basic principle of the costs that follow the event or the parties’ relative success on the claims and counterclaims advanced in the arbitration as…
…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….
…include creation of Code of Conduct for Arbitrators, the advocate mechanism, and enhanced due process. Procedural advancements, such as allowing counterclaims and the participation of non-parties as amicus curiae, are…
…are impacting the performance of contracts. In investment-state arbitrations, ESG claims are frequently being asserted by claimants as well as in defenses and counterclaims by states, and ad-hoc arbitrations are…
…and allow the new operator to initiate state court proceedings. In addition, this could also lead to jurisdictional uncertainties where reciprocal or counterclaims exist. Conclusion Both acquirers as well…
…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…
…dispute for the Expedited Procedure Rules to apply, from SAR 200,000 to SAR 4 million (including claims, counterclaims, set-offs, and cross-claims). From users’ perspective, the increased threshold to SAR 4…
…investment arbitration can play in tackling climate change. For instance, we have seen successful environmental counterclaims by States against polluters (see, e.g. Burlington. v. Ecuador), and tribunals rejecting expropriation claims…
…counterclaims. On the one hand, cases such as BSGR v. Guinea and Cortec Mining v. Kenya prove that States can successfully defend their cases when investors fail to comply with…
…claims or concerning States’ counterclaims for investors’ alleged breaches. Ignacio Zapiola (Manager of Litigation and International Affairs of YPF S.A., Buenos Aires) referred to the growing amount of ICC cases…
…interaction (e.g., environmental law, human rights, labor standards, etc.). Focus on sustainable development. Focus on investor obligations and state counterclaims. Focus on the cases states have lost, the status of…
…right will arise in disputes, perhaps in the context of counterclaims. Looking Ahead Altogether, 2022 was largely a continuation of trends from prior years. However, the aperture for human…
…Often, the underlying IIA neither expressly authorizes nor excludes counterclaims. In this case, the host State has to prove either the existence of a separate agreement to arbitrate counterclaims (see…
…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…
