Save

Counterclaims in Investment Arbitration: Old Questions, New Answers?

In: The Law & Practice of International Courts and Tribunals
Author:
Arnaud de Nanteuil Full Professor, University Paris Est Créteil Val de Marne (Paris 12)

Search for other papers by Arnaud de Nanteuil in
Current site
Google Scholar
PubMed
Close
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution

Purchase

Buy instant access (PDF download and unlimited online access):

$34.95

Abstract

There have been several cases involving counterclaims in recent investment arbitration practice. Though counterclaims are well-known in international litigation, they raise special issues when it comes to investor-State arbitration, especially when it is based on treaties that recognize only rights and not obligations of private parties; thus, a counterclaim may be a way of rebalancing investment law, by allowing States to file claims against investors. However, certain conditions must be fulfilled which are not always easy to combine with the special features of investment arbitration. That is what this article explores, in order to determine whether counterclaims could be a way of addressing the critique that has been recently formulated against investment arbitration.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 2583 727 55
Full Text Views 847 132 8
PDF Views & Downloads 1039 364 20