…State claims and counterclaims as an incentive for settlement.   ***   It is undeniable that the world of international arbitration cannot exist in a vacuum and that it will…

…awards, orders, and decisions. In the case of counterclaims, the amended rules allow for “ancillary claims” (i.e., counterclaims), presuming implied consent to submission of counterclaims if: (1) they arise of…

…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….

…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…

…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…

…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…