Home >
Law >
International Law >
Counterclaims in Investment Arbitration: Holding Foreign Investors Accountable for Violations of International Law

Counterclaims in Investment Arbitration: Holding Foreign Investors Accountable for Violations of International Law

Author: Edward Guntrip
Publisher: Brill Nijhoff
ISBN: 9789004420946
Published In: June 2024
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,596.00

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

Foreign investors benefit from investment protection standards in international investment law which are enforceable in investment arbitration. However, international law does not directly bind foreign investors and investment arbitration struggles to address foreign investor misconduct. Thus, host States cannot easily claim against foreign investors for breaches of international law in investment arbitration.

In Counterclaims in Investment Arbitration, Edward Guntrip illustrates how host States can use counterclaim procedures in investment arbitration to hold foreign investors accountable for misconduct that breaches international law. Based on arbitral practice, the book sets out how host States can amend their State practice and litigation strategies to enhance the effectiveness of counterclaim procedures and assesses when host States should take this course of action.

Acknowledgements

Abbreviations

Table of Treaties

Table of Cases

1. Investment Arbitration and Counterclaims

1.1 Introduction

1.2 Foreign Investors, Investment Arbitration and International Law

1.3 Host State Courts

1.4 The Potential Role of Counterclaims in Investment Arbitration

1.5 Holding Foreign Investors Accountable for Breaches of International Law

2. Jurisdiction over Counterclaims

2.1 Introduction