Counterclaims in Investment Arbitration: Towards an Integrated Approach

نویسندگان

چکیده

Abstract It is widely accepted that counterclaims may not be used as a means to exceed the limits of tribunal’s jurisdiction, while they must at same time closely connected other party’s claim. However, in particular context investment arbitration, these two propositions create tension has led problematic and unfair construction investor-State dispute settlement mechanism. This article explores foundations for better, more integrated approach. argues jurisdiction over should seen incidental one already established original claim, allowing tribunals hear wider range counterclaims. inherent exercise adjudicative function, rests on foundation only implied consent, but also principle. The approach presented here potential protect matter procedural fairness address some reasons backlash against international arbitration law.

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ژورنال

عنوان ژورنال: ICSID Review: Foreign Investment Law Journal

سال: 2023

ISSN: ['0258-3690', '2049-1999']

DOI: https://doi.org/10.1093/icsidreview/siad014