MCIA, India’s best foot forward
…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…
Search Results for: counterclaims
Why the English Right to Appeal an Arbitral Award on a Point of Law is not Anachronistic?
…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…
A Road Worth Taking: Brazil’s Tortuous but Ultimately Encouraging Path towards the Implementation of the New York Convention
…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)…
Brazil Refuses Recognition of an ICC Award Set Aside in Argentina
…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….
Istanbul Arbitration Centre
…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…
“Any Party May Submit the Dispute to Binding Arbitration”: the Privy Council Examines the Option to Arbitrate
…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 EU Proposal Regarding Investment Protection: The End of Investment Arbitration as We Know It?
…(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…
Arbitration, BIT, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, ISDS
On ISDS, for the Record.
…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…
Three Recent Decisions Further Shaping Investment Treaty Case Law On Counterclaims: Part II
…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. …
Three Recent Decisions Further Shaping Investment Treaty Case Law On Counterclaims: Part I
…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.)…
Arbitrators, EU Permanent Court, Investment, Investment agreements, Transatlantic Trade and Investment Partnership, Treaty
TTIP: The French Proposal For A Permanent European Court for Investment Arbitration
…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…
Swiss Supreme Court Extends Arbitration Agreement to a Third Party: Potential Risk for Corporate Groups
…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…
From Ford to Ferrari? A Brief Look at the Changes Introduced in the Draft Model Indian BIT
…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…
Allocation of Costs in ICSID Arbitration
…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…
International Commercial Arbitration in Romania: Can the New Changes Release the Tension Instilled in the Past?
…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…
Was the Bar Set Too High to Sustain RICO Jurisdiction? More on the Conproca vs. Pemex Case.
…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…
Law Commission’s Report to Revamp the Indian Arbitration Experience
…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…
Effective Management of Arbitration; A Guide for In-House Counsel and Other Party Representatives
…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;…
26th Annual ITA Workshop: Young Arbitrators Dallas Roundtable
…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,…
Damages for damages: If a state court imposes damages on a party in violation of an arbitration agreement, can an arbitral tribunal award damages negating those court-imposed damages?
…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,…
Appointment of arbitrators, Arbitral seat, Arbitration, Arbitration Institutions and Rules, Costs in arbitral proceedings, Eastern Europe, International arbitration, Language of arbitration
Belgrade Arbitration Center adopts BAC Rules
…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…
A New Episode In The Jnah vs. Marriott Saga : The 17 December 2013 Decision Of The Paris Court Of Appeal
…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…
Consent, Corruption, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Israel
Metal-Tech Ltd. v. Republic of Uzbekistan – Is Really No One Getting Punished?
…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…
Arbitral Tribunal, Arbitration Awards, Arbitration Institutions and Rules, Costs in arbitral proceedings, International arbitration, Investment Arbitration, Singapore International Arbitration Centre, Witness
New Rules at the Singapore International Arbitration Centre
…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…