Unit:
Κατεύθυνση Διεθνείς ΑντιδικίεςLibrary of the School of Law
Author:
Arslanidi Despoina
Supervisors info:
Αναστάσιος Γουργουρίνης, Λέκτορας Δημοσίου Διεθνούς Δικαίου, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Original Title:
Counterclaims in Investor-State Arbitration
Translated title:
Counterclaims in Investor-State Arbitration
Summary:
The question whether and under which conditions States can submit counterclaims in the context of arbitral proceedings initiated by the investor has for long been debated in theory and arbitral practice, attracting also the attention of treaty negotiators. As a result counterclaims constitute an obscure area of investment arbitration.
The purpose of this paper is to address the particular aspects of this question, in order to shed light to the permissibility and conditions for the submission of counterclaims by States. After an introduction to the development of the perception of counterclaims in the international legal order, and particularly in the context of inter-State adjudication, our analysis follows the course of the considerations which should be addressed by an international investment tribunal once it deals with a counterclaim.
First of all, the arbitral tribunal shall establish its jurisdiction upon counterclaims. Two main issues are recognized as significant at this point; firstly, whether counterclaims are available under the applicable arbitration rules (A.a); and, secondly, whether the Parties to the dispute have provided their consent for the adjudication of counterclaims by the tribunal (A.b).
Having established its jurisdiction to address counterclaims in general, the tribunal shall examine whether the particular counterclaim is admissible. In order to be deemed admissible, the counterclaim is required to present a certain nexus with the dispute. Under this section, we primarily examine the various arbitral rules (B.a), before proceeding to an examination and evaluation of arbitral tribunal’s jurisprudence in relation to the interpretation and application of the connection requirement (B.b).
Finally, we analyze certain considerations of applicable law. In this section the analysis is focused on the law that the tribunal is able to apply and the methods of its determination, as well as on the potential causes of action under such law which may formulate the basis of counterclaims (C).
Main subject category:
Law and Legislation
Other subject categories:
International Law
Public international law
Keywords:
counterclaims, international investment arbitration, arbitral tribunal, public international law
Number of references:
532
File:
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Counterclaims in Investor-State Arbitration.pdf
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File access is restricted only to the intranet of UoA.
