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

Arbitration / Mediation / Litigation › International Law

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

By Edward Guntrip
Brill Nijhoff June 2024

Specifications

ISBN-13
9789004420946
Publisher
Brill Nijhoff
Publication
June 2024
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

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.

Table of Contents

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
2.2 Consent to Investment Arbitration
2.3 Jurisdiction over Counterclaims
2.4 Recalibrating Consent to Counterclaims
2.5 Preliminary Conclusions

3. The Nexus between Claims and Counterclaims
3.1 Introduction
3.2 The Good Administration of Justice and Counterclaims
3.3 The Nexus between Claims and Counterclaims in Investment Arbitration
3.4 Establishing the Nexus between a Claim and Counterclaim
3.5 Preliminary Conclusions

4. Applicable Law and Counterclaims
4.1 Introduction
4.2 Determining the Applicable Law
4.3 Applicable Law and Arbitration Rules
4.4 Tailoring Applicable Law Provisions to Counterclaims
4.5 Preliminary Conclusions

5. The Source of the Counterclaim
5.1 Introduction
5.2 Suitable Legal Obligations
5.3 The Desirable Characteristics of the Legal Obligation
5.4 Preliminary Conclusions

6. The Merits of the Counterclaims
6.1 Introduction
6.2 Legitimacy and Inconsistent Decision-Making
6.3 Inconsistent Decision-Making in Arbitral Practice
6.4 Means of Overcoming Conflicting Interpretations
6.5 Assessing the Desirability of Counterclaims in Investment Arbitration
6.6 Preliminary Conclusions

7. The ‘Magic’ of Counterclaims
7.1 Introduction
7.2 Counterclaims in Investment Arbitration
7.3 Wider Implications
7.4 Concluding Observations

Bibliography
Index
HKD 1,596.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Arbitration / Mediation / Litigation

View all
Conciliation and Mediation in India
Kluwer Law International

Conciliation and Mediation in India

Gracious Timothy Dunna
HKD 1,736.26
Dossier V: Interest, Auxiliary and Alternative Remedies in International Arbitration
International Chamber of Commerce_

Dossier V: Interest, Auxiliary and Alternative Remedies in International Arbitration

The ICC Institute of World Business Law
HKD 950.00
China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’
Cambridge University Press

China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’

Wenhua Shan; Sheng Zhang; Jinyuan Su
HKD 353.08
Class and Group Actions in Arbitration
International Chamber of Commerce

Class and Group Actions in Arbitration

Bernard Hanotiau; Eric A. Schwarz
HKD 931.00
Alternative Dispute Resolution and Tax Disputes
Edward Elgar Publishing

Alternative Dispute Resolution and Tax Disputes

Werner Haslehner; Timothy Lyons KC; Katerina Pantazatou; Georg Kofler; Alexander Rust
HKD 2,168.92
Section 1983 Litigation, Volume 4: Jury Instructions, 2nd Edition (1-year Online Subscription)
Wolters Kluwer Legal & Regulatory U.S. (Online)

Section 1983 Litigation, Volume 4: Jury Instructions, 2nd Edition (1-year Online Subscription)

Martin A. Schwartz; George C. Pratt