...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
...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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...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. ...
...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...
Costs and their Allocation in International Commercial Arbitrations – Vol. ...
...the ban.[28] Additionally, a likelihood of cross-border transfer of data to the Chinese government, as alleged by the U.S. government, could also provide a ground for counterclaims.[29] CONCLUSION Other ancillary...