Home
Law
International Law
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

Name: Counterclaims in Investment Arbitration: Holding Foreign Investors Accountable for Violations of International Law
Brand: Brill Nijhoff
SKU: 9789004420946
Price: 1596.00 HKD
Availability: InStock
Author: Edward Guntrip
ISBN: 9789004420946

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.

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

Quantity

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

Your basket

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

Details

Table of Contents

You may also be interested in these books:

Independence and Impartiality of International Adjudicators

Yearbook Commercial Arbitration Volume XXXIX 2014

AAA Yearbook on Arbitration and the Law, 26th Edition

DIFC and ADGM Law and Practice

Hong Kong Mediation Handbook, 2nd Edition

Modern Litigation and Professional Responsibility Handbook: The Limits of Zealous Advocacy, 2nd Edition