The London Chamber of Arbitration and Mediation
…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…
Search Results for: counterclaims
Investment agreements, Investment Treaties, Reform, State-State Dispute Settlement, State-to-state arbitration, Trade and investment agreements, Trans-Pacific Partnership, USMCA
The USMCA/CUSMA/T-MEC’s Entry into Force: Evolution, Innovation, and Reform
…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…
Arbitration, Arbitration Proceedings, Human Rights, ICSID Amendments, International arbitration, Investment Arbitration, Reform, Working Group III
ISDS Reform and Advancing All “Generations” of Human Rights
…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…
How Do Tribunals in Investment Arbitrations Treat Parallel Domestic Investigations and Proceedings?
…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…
Investor Obligations: Africa Leads the Way
…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…
The Hague Rules on Business and Human Rights Arbitration: Noteworthy or Not Worthy for Victims of Human Rights Violations?
…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…
Arbitration, Arbitration Institutions and Rules, BIT, Counterclaims, Enforcement, Investment Arbitration, Reform, UNCITRAL WG III Series
UNCITRAL Working Group III: Counterclaims in ISDS – Challenges and Prospects in Light of the UNCITRAL Reform Process
…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…
Arbitration, Arbitration Proceedings, Arbitrators, BIT, Investment Arbitration, Reform, UNCITRAL WG III Series, Working Group III
UNCITRAL Working Group III: An Introduction and Update
…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…
Combating Climate Change: The Role Of Investor-State Arbitration In Africa
…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…
Access to Justice, Applicable Law, Investor-State arbitration, ISDS, ISDS Reform, Rule of Law, Working Group III
Access to Justice in Investment Dispute Settlement
…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…
2019 In Review, Chile, Colombia, Constitutional Court, Damages, Dominican Republic, Dual Nationals, Ecuador, Free Trade Agreements, Investment Arbitration, Latin America, Mexico, USMCA
2019 in Review: Latin America and Investment Arbitration
…investment. On the other hand, Ecuador also brought counterclaims, under Rule 40 of the ICSID Arbitration Rules, for environmental damages arising out of Perenco’s operations. In 2014, the Tribunal found…
Achmea, Arbitration Awards, Foreign Investment Law, ICSID Convention, International Humanitarian Law, International Investment Arbitration, International Law, International Law Weekend, Investor-State arbitration, ISDS, ISDS Reform
The Collisions of Law and of Fora: Focus on International Dispute Resolution at the 98th Annual International Law Weekend
…an ISDS tribunal was the optimal forum to address such counterclaims. On the one hand, State counterclaims, as she explained, offer a way to balance the playing field in investor-State…
Mixing Righteous and Sinners: Summary of the Odebrecht Corruption Scandal and the Peruvian Jailed Arbitrators
…and customs of the arbitration institution (…)”. In the cases where the three arbitrators were involved, the parties constantly increased their claims and counterclaims, which led to a rise in…
Investors’ Views on the ISDS Reform: QMUL Investment Arbitration Survey
…in March/April 2020 will focus on counterclaims, dispute prevention and the reform instruments. Without doubt, the discussion under UNCITRAL Working Group III represents a welcomed effort to improve the system…
Perenco v Ecuador: An Example of a “Lengthy, Complex, Multi-faceted, Hard Fought and Very Expensive” Investment Arbitration?
…brought counterclaims for environmental and infrastructure damages arising out of the operations in the oil blocks under the Participation Contracts, and not the BIT. Burlington (one of the members of…
Arbitrability of IPR Disputes in India: 34(2)(B) or Not to Be
…No. 5 of 2017].) Clarifications concerning the scope of counterclaims permissible in IPR arbitrations (such as express exclusion of counterclaims challenging the validity or registration of IPR) are also crucial….
Recent Clauses Pertaining to Environmental, Labor and Human Rights in Investment Agreements: Laudable Success or Disappointing Failure?
…denial of benefits provision operating as exceptio non adimpleti contractus; enabling counterclaims by the host State (Indian Model BIT); subjecting the investor to civil actions before the judiciary of the…
A Data Investigation of the Iran-US Claims Tribunal’s Jurisprudence
…legal matters such as “interpretation” or “applicable law”, whereas most discussions of nut-and-bolts contractual matters or counterclaims are found in awards and decisions; Questions of “evidence” (standard, weight, etc.), however,…
Arbitration, Arbitration Proceedings, Environment, ICSID, International arbitration, Investment Arbitration
Environmental Considerations in Investment Arbitration: A Report of a ‘Topical Issues in ISDS’ Seminar
…a general exception for environmental regulation similar to the one found in CAFTA. Treves raised several points on the complex issue of counterclaims. Allowing counterclaims entails a balancing exercise, whereby…
Investment, Investment Arbitration, Investment protection, Investment Treaties, Investor-State arbitration, ISDS Reform, UNCITRAL
An Update on the ISDS Reform: the 37th Session of the UNCITRAL Working Group III Investor-State Dispute Settlement Reform
…local remedies, counterclaims, non-disputing party participation and other methods outside of arbitration for settling investor-State disputes. The Group decided not to specifically address any of these concerns on their own,…
Why Setting Aside an Award on Grounds of Serious Irregularity Should Not Ipso Facto Lead to the Removal of the Arbitral Tribunal
…in breach of a number of agreements with HB and that RJ was “the beneficial owner of the shares in [the bank] purchased with his…US$75m” (‘Award #3’). RJ’s counterclaims against…
Practice of International Construction Arbitration in Russia
…42 days. Referring to equality principle, the foreign subcontractor convinced the administrator to grant it additional 42 days to prepare its counterclaims (Case No. 31/2017). The ICAC Schedule of Arbitration…
Arbitration, Arbitration Proceedings, Enforcement, Evidence, International arbitration, Scope of an arbitration agreement
Decisions of the Swiss Federal Supreme Court in 2018: Part I
…exclusion of the counterclaims from the expert’s analysis. The Supreme Court held that the tribunal was entitled to reduce the scope of the expert’s mandate since (i) in the relevant…
Arbitration Agreement, Costs in arbitral proceedings, Expedited arbitration, Final Offer Arbitration, Procedure, Reasoned Awards
“Final-Offer Arbitration”: A Procedure to Save Time and Money?
…improbable that it mention in its proposal the objections or counterclaims raised by the opposing party, unless it does so to rebut it. Hence, such an award could not fulfil…