...Host States’ Counterclaims: Wind of Change?, Kluwer Arbitration Blog (6 March, 2017), http://arbitrationblog.kluwerarbitration.com/2017/03/06/jurisdiction-of-investment-tribunals-over-host-states-counterclaims-wind-of-change/ [14] See, Dafina Atanasova et al., Counterclaims in Investor-State Dispute Settlement (ISDS) under International Investment Agreements (IIAs),...
Search Results for : "Counterclaims"
...IHRL grounded counterclaims for the very reason that IIAs cannot be read in a vacuum.[17] Allowing for IHRL obligations as an accepted basis for counterclaims can therefore provide states a...
Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...
...arrive at different conclusions on whether they have jurisdiction over human rights counterclaims against corporate groups. Nevertheless, companies are increasingly facing exposure to legal attribution in the international sphere for...
The Perils of Intra-Corporate Arbitration for ESG Disputes
...as it does not allow disposition of defences, counterclaims or cross‑claims. The threshold of proof is high owing to the ‘manifest’ standard requiring the applicant to establish its objection clearly...
Preliminary Determination and Early Dismissal in Arbitration: A Distinction Without ...
...2019) Henrik Horn & Pehr-Johan Norbäck, Economic Aspects of International Investment (Vol. 30(1) December 2019) Saarthak Jain, Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can Inclusion of Counterclaims...
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...Manish Aggarwal v. RCI Industries further consolidated this position. The appellants sought to secure their counterclaims on the ground that the respondent’s financial position was “ruinous”, pointing to negative net...
Alleged Financial Distress is Not a Blank Check: India Draws ...
...arbitration (including counterclaims). As the time goes on, there may be further claims that one side wants to introduce in the already ongoing arbitration, which is a particularly salient issue...
How to Limit the Risk of Overlong Post-M&A Arbitrations & ...
...security of claims with respect to the claims, counterclaims, or crossclaims advanced by them.[43] If a party fails to comply with an order to provide such security, the Tribunal may...
New Year, New Rules: Highlighting 10 Key Features of the ...
...State’s environmental standards, in principle, enables counterclaims raised by States for breaching national measures.[30] In comparison, the EU-China CAI provides a state-to-state dispute settlement (SSDS) mechanism in Section V, as...
The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...
...granted Andersen Consulting’s claim to be released from all obligations to Respondents Andersen Worldwide and Arthur Andersen and rejected Respondents’ $14 billion counterclaims. From Claimants’ perspective, the arbitration demonstrated the...
Andersen v. Andersen: The Claimant’s Perspective – Vol. 10 No. ...
SPECIAL ISSUE: ISDS Letters from the Editors COUNTERCLAIMS IN INVESTOR-STATE ARBITRATION: A CALL FOR CLEAR THINKING George A. Bermann CHALLENGES FOR THE IMPLEMENTATION OF A MULTILATERAL INVESTMENT COURT IN...
Volume 36: Issue 3 (July 2026)
...Description: Costs and interest are important elements of claims and counterclaims in most international arbitrations — and sometimes to such an extent that each may exceed in value the principal...