…it has the right to add counterclaims arising out of the same legal relation. Objections regarding the existence or validity of the arbitration agreement or the constitution of the arbitral…
…the majority of Pemex’s counterclaims; later on, the arbitral tribunal issued its award on quantum. Conproca filed before the United States District Court for the Southern District of New York…
…final adjudication of the dispute. To put an end to this practice, the Commission has proposed an explanation in the Act to ensure that counterclaims and set off can be…
…and ‘case management conference’ and the various Topic Sheets: 1. Request for Arbitration; 2. Answer and Counterclaims; 3. Multiparty Arbitration; 4. Early Determination of Issues; 5. Rounds of Written Submissions;…
…its case, and that there may be due process concerns if the insolvent party or trustee cannot bring counterclaims. Ank Santens, a Partner at White & Case in New York,…
…should be required to make its case before the correct forum (and it may do so by way of counterclaims in the arbitration initiated by Party B). There exists, however,…
…order for the proceedings to begin (this solution is prevalent among the institutional arbitrations in the region). In special circumstances, in order to prevent abusive counterclaims, the parties may be…
…it had complied with the contracts but that Jnah had committed various breaches thereof. In 2003, an arbitral tribunal rejected Marriott’s claims and granted certain counterclaims of Jnah. A few…
…it lacked jurisdiction to hear the parties’ claims and counterclaims brought under the Israel-Uzbekistan BIT and Uzbek law due to corruption related to Metal-Tech’s investment in Uzbekistan. In particular, the…
…and counterclaims. In addition, the term “apart from the costs of arbitration” has been deleted in Rule 33, which relates to legal and other costs. This change was made because…
…as in-house counsel. It had been a particularly acrimonious ICC proceeding with sizeable claims and counterclaims among four distinct parties. After two years of arbitration, however, we were still at…
…is funded and no juries are around, but there are frequently counterclaims brought. Either way, perhaps a tribunal may feel more “comfortable” being less concerned about the damages when deeper…
…in arbitration: Our contract provides for arbitration, UNICTRAL rules, and specifies three arbitrators. The claims and counterclaims in our dispute total [less than $500,000] and the respondent rejected our proposal…
…counterclaims at issue. There exists another provision of the Belgian Code of Civil Procedure – governing an exceptional recourse against judicial decisions (Article 1138, 4) – which also contains this…
…by any subsequent increase in the value of claims or counterclaims, for example in the Statement of Defence. Article 42(1) also allows for voluntary expedited proceedings. Indeed, the parties are…
…to subject themselves to the jurisdiction of U.S. courts and the resulting counterclaims that would inevitably follow. As Chevron put it in a statement today, “If the plaintiffs’ lawyers believed…
…for the summary procedure has been increased to RMB 2 million. Furthermore, if the amount in dispute later exceeds the threshold because of, for example, amendments to claims or counterclaims,…
…treaty-based counterclaims by a respondent State. The majority of the tribunal held that the BIT in question contained no consent for the submission of respondent State counterclaims. Primarily a dispute…
…2002 alleging wrongful termination. The contract was governed by Indonesian law. PT Prima defended the legality of its termination and also mounted counterclaims for alleged breaches of contract by Kempinski…
…side to incur costs in three different countries. Each side blamed the other, leading to claims and counterclaims totalling a bit less than $1 million. This is exactly the sort…
…hand. In a recent arbitration we have seen, the tribunal’s attempts at encouraging settlement ultimately resulted in the amicable settlement of a complex set of claims and counterclaims running into…
…sits and hears from each party claim, it’s and counterclaims. ADCCAC’s particular procedures require the Board to produce a written summary of the case and that summary, or minutes (as…
…that a section 67 application involved a rehearing of the jurisdictional point. In Norscot Rig the applicant challenged the jurisdiction of the arbitrator to adjudicate certain set-offs and counterclaims by…
…even valid counterclaims. Below I discuss a recent case and ask some questions about possible motivations. In this post, I hope to invoke some responses and insights from readers on…
