…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…
…provide States with the possibility of bringing counterclaims or include a denial of benefits clause where CSR obligations are not met, such provisions would still require an investor to bring…
…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…
…part. The Registrar may set a time limit on the expiry of which the relevant claims or counterclaims shall be considered as withdrawn. London Court of International Arbitration (LCIA)…
…Courts’ powers to grant interim measures, the pervasive use of technology throughout the arbitration process, the summary disposal of claims, counterclaims and defenses, the imposition of certain disclosure requirements with…
…the Registrar. In the following, we briefly discuss these and other changes for some initial guidance. Early determination The 2021 DIFC-LCIA Rules allow summary treatment of claims, counterclaims, and…
…of ADR; treaty interpretation by States parties; security for costs; means to address frivolous claims; multiple proceedings including counterclaims; and reflective loss and shareholder claims (together with the OECD). Throughout…
…of counterclaims under ISDS contract provisions is a completely different story. As Mr. Ampuero emphasized, Peru’s experience with counterclaims has been rather positive. More than 50% of the State’s ISDS…
…and arbitration events etc.), it is clear that the overall impact of the arbitral community on the environment is significant. Anecdotally, a photograph reproduced in the Decision on Counterclaims (at…
…which must also include any counterclaims or claims for set-off. Draft provision 13 allows for amendments or supplements to a claim or defense within 30 days of the Statement of…
…Counterclaims, submitted within 15 days after tribunal constitution (Draft Provision 13, A/CN.9/WG.II/WP.214, paras. 108-111). (In past sessions, delegates discussed whether a response alone on the issue of (non)applicability of the…
…submitting written submissions, and timeframe for the rendering of the award, possibility to file counterclaims or additional claims, other procedural means aimed at making the process more efficient. A constant…
…written submissions; (iv) counterclaims and additional claims; (v) the taking of evidence; (vi) hearings; and (vii) the making of the award. Participants at the 71st session—which included representatives of various…
…in the same way as the ICC Rules, rather stating that the parties may determine their own monetary limit for expedited claims. Claims and counterclaims above that threshold may then…
…ISDS Annex between the U.S. and Mexico refers in passing to possible “counterclaims” by respondent States (Article 14.D.7), it is largely structured to focus upon claims filed by investors against…
…party conduct, which would in principle allow for greater costs to be imposed on obviously frivolous claims. Permitting Counterclaims to Turn the Tables Counterclaims offer another avenue for holding…
…the limited context of international investment arbitration. Background on Corruption Defenses in International Investment Arbitration Corruption defenses generally arise in two scenarios: (1) where a State counterclaims that an investor…
…requires investors to comply with all applicable domestic measures while expressly allowing for counterclaims by the host State, though it has never entered into force. A 2008 Supplementary Act of…
…Counterclaims can also be utilised spuriously to threaten human rights holders in bringing a claim, which has largely been unaddressed in the Rules. The lack of a basis in the…
…approach to counterclaims appears to be influenced by the arbitration practice concerning investment contracts. In these cases, respondent states have filed counterclaims based on the violation of domestic law provisions…
…interpretation by States parties; security for costs; means to address frivolous claims; multiple proceedings including counterclaims; and reflective loss and shareholder claims (together with the Organisation for Economic Cooperation and…
…to advance sustainable development. Adopted in 2016, the PAIC obliges investors to comply with environmental law, omits the FET standard, and allows states to submit counterclaims in arbitration proceedings. Notably…
…law can bar an investor’s access to ISDS; and counterclaims by states against investors are increasingly accepted as a means to sanction investor misconduct. Third, investor obligations are first and…
