Essays about: "respondent state counterclaims"

Found 1 essay containing the words respondent state counterclaims.

  1. 1. BITing Back - A Study of the Conditions for Respondent State Counterclaims in Investor-State Investment Arbitration under Bilateral Investment Treaties

    University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

    Author : Anna Perklev; [2023]
    Keywords : public international law; international investment law; international investment arbitration; respondent state counterclaims; counterclaims; bilateral investment treaties; treaty arbitration; ICSID; UNCITRAL; ICC; SCC; Law and Political Science;

    Abstract : In this thesis, I present a study of the conditions for a respondent state to introduce counterclaims in the same arbitration as an investor’s initial claim in a dispute arising from a Bilateral Investment Agreement (BIT). The study shows that although the most widely used procedural frameworks for arbitration explicitly allow for counterclaims, tribunals have adopted a restrictive approach to counterclaims, generally rejecting them, even when the arbitration clause in the relevant BIT has been drafted in a way that leaves open the possibility for the tribunal to rule on other disputes than solely the ones arising from an alleged breach of the host state’s treaty obligations towards the foreign investor. READ MORE