Problematic issues of submitting of counterclaims in International centre for settlement of investment disputes

The counterclaim institute is one of crucial legal defense options during the dispute settlement in domestic and international jurisdictions; investment arbitration not an exception. most famous platform International centre for disputes (ICSID). One key ideas establishment such a instrument was implementation autonomous objective system Investor-states dispte sttlement (ISDS) by “independent forum”. While procedural rights ISDS parties are conceptually equal. However, concept equal has been translated into reality. Notwithstanding fact that important ensuring objectivity comprehensiveness settlement, tribunal`s approaches “restrictive” “cautious”.Taking account States “perpetual respondent” ICSID, problematic issues submitting counterclaims influence realization interest State ICSID. Problematic clearly show imbalance exercise respondent-state.The article intended to draw attention readers ICSID on alternative view isuue.