…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…
…Mr. Terry also identified certain challenges concerning the filing of counterclaims under the state’s domestic law, including that BITs often provide that the law of the arbitration is comprised by…
…applications to exclude evidence, several requests for document production, introduction of new claims and counterclaims) and many procedural issues often become unnecessarily contentious (e.g., timetables, mode of hearing, hearing bundles)….
…Petroleum Services Corp. (Premium) against Superior Energy Services Colombia S.A.S. and Superior Energy Services Inc. (collectively, Superior), and Superior’s counterclaims against Premium, in accordance with Columbian law, arising from a…
…constructionists and those arguing legitimacy is threatened if public policy is not even considered. In addition, States’ counterclaims, as allowed by Article 46 of the ICSID Convention, are tools that…
…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…
…known implications. Last, Rachael O’Grady (Mayer Brown) looked at how in investment disputes, have procedural shields and a sword with counterclaims. Counterclaims can be defined as positive claims by the…
…up to me to assess the notices of arbitration, as well as the answers to such notices and, if applicable, the counterclaims. My main functions entail the administration of an…
…be exercised early on, such as the right to raise counterclaims for instance. Ms. Argac emphasized the importance of retaining outside counsel sufficiently early in the case to advise on…
…had objected to the decision of the DIAC to close the casefile and consider the claims and counterclaims withdrawn. In a recent case which ended up before the Dubai courts,…
…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…
…whether human rights norms are within the scope of a tribunal’s jurisdiction and, relatedly, whether they may permit counterclaims based on human rights. As affirmed by the Tribunal in Gavazzi…
…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….
…be suspended or continued. However, in the latter case, the defaulting party may only submit counterclaims once the requested advance has been paid in full. This welcome innovation, which shows…
…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…
…depending on who commenced proceedings because that would make little sense once counterclaims – in which the roles of initiator versus target of the complaint are reversed – come into…
…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…
