…(EOT) and additional payment and respective Employer’s counterclaims for delay damages. Following a longtime “battle” involving six DAB decisions, two ICC arbitrations, and numerous local court enforcement proceedings, the Parties…
…to bring counterclaims. However, these are rare, and most treaties do not address the matter. Second, an investment tribunal might consider that it has jurisdiction over counterclaims even in the…
…the contractor’s counterclaims when the contractor had not first referred them to adjudication. The English courts have adopted a more nuanced view, finding that as a matter of discretion they…
…a foreign arbitration award rendered in an ICC arbitration proceeding under the FIDIC Red Book 1992. In the award, the arbitral tribunal refused to consider counterclaims filed by the Contractor…
…for counterclaims The Tribunal also addressed quite an unconventional objection to counterclaims regarding failure to comply with preliminary steps for negotiation and submission to the jurisdiction of local courts by…
…is to not allow respondent states’ moral damages counterclaims in investment arbitration. Alternatively, if the tribunals are to find a rationale for admitting such counterclaims, it appears that it should…
…case may be suspended, or the relevant claims or counterclaims may be considered withdrawn (Rule 34.6, 2016 Rules). And leaving respondent to remain delinquent will not rehabilitate a respondent exhibiting…
…of its right to object. In particular, she noted that Chenming had not raised any objection during the proceedings and had even raised counterclaims against Arjowiggins. Further, the Court took…
…which the relevant claims, or counterclaims, shall be considered as withdrawn. Should the party in question wish to object to this measure, it must make a request within the aforementioned…
Much has been written about iura novit curia or, as it has been rephrased for arbitration purposes – the iura novit arbiter principle in international arbitration. There are three main…
…version of the claims and any counterclaims and certain additional procedural details. The next stage of procedure includes that for appointment of arbitrators, challenges and removal of arbitrators, governed by…
…phrase “all disputes” used in a Respondent’s notice to appoint an arbitrator was effective to interrupt a limitation period in respect of any counterclaims (which had not been made by…
…counterclaims and had consented to be bound by the arbitration during the course of the arbitration.), LITSA Líneas de Transmisión del Litoral S/A v. SV Engenharia S/A, SEC 894 (2005/0203077-2)…
…filed counterclaims against EDFI in the ICC proceedings. The arbitral tribunal granted EDFI´s claims and the Respondents´ counterclaims and ordered that the respective awards be set off against each other….
…and any counterclaims do not exceed TRY 300.000 (approximately Eur 94.000 or approximately USD 101.000). The parties may also agree that the Fast Track Arbitration Rules shall apply where the…
…no counterclaims, that Second Party would only be able to seek a declaration of no liability, and no positive relief. This option may not be appealing given the costs involved…
…(the TPP) for states to submit counterclaims, a measure which could also be efficient in limiting frivolous claims. The EU Proposal also clarifies that class actions are not admissible (Article…
…tribunal’s jurisdiction is based), and do claim or counterclaim in ISDS proceedings. The institution of claims and counterclaims by States is also expressly provided for in Articles 36 and 46…
…decision in Perenco seems to confirm that counterclaims brought under a contract between the State and the investor may call for a more straightforward jurisdictional analysis than treaty-based counterclaims. …
…of this article, to follow. (NB. For a more detailed analysis on counterclaims, see José Antonio Rivas, ICSID Treaty Counterclaims: Case Law and Treaty Evolution, TDM Vol. 11, issue 1.)…
…or regulations, and enabling States to bring counterclaims against investors in arbitration proceedings; • creation of a permanent court that would establish and manage lists of arbitrators and act as…
…one of the contracts. The division responsible for the project within B2 was subsequently transferred to B3. Party B1 initiated arbitral proceedings against A. Party A then brought counterclaims not…
…the anti-corruption obligation applies at all stages. Any violation of these obligations bars the Investors’ access to the BIT’s protections and can become the basis of counterclaims by the Host…
…on which the winning party is itself the loser – in most cases, for example, States fail on their counterclaims. Thus, in e.g. Spyridon Roussalis v. Romania in view of…
