Abstract

http://ssrn.com/abstract=1891935
 
 

Footnotes (198)



 


 



Counterclaims in Investor-State Arbitration


Yaraslau Kryvoi


University of West London

August 5, 2011

LSE Legal Studies Working Paper No. 8/2011

Abstract:     
This paper provides a comprehensive analysis of the legal regime governing counterclaims in investor-State disputes. It challenges the frequent presumption that the right to assert counterclaims is hindered by the fact that investment treaties impose no obligations on foreign investors and only protect their rights. The paper demonstrates that the right to assert counterclaims is a procedural right, and subject matter jurisdiction over counterclaims depends on whether the investor has breached obligations found in applicable law. The paper shows that foreign investors’ substantive obligations can be found in sources of international law other than investment treaties. The paper also highlights the difficulties of asserting counterclaims in non-commercial areas such as human rights and environmental protection. Finally, it also shows that tribunals may pierce the corporate veil of foreign investors in the context of counterclaims.

The final version of this paper is available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1993116

Number of Pages in PDF File: 31

working papers series





Download This Paper

Date posted: August 5, 2011 ; Last revised: September 14, 2012

Suggested Citation

Kryvoi, Yaraslau, Counterclaims in Investor-State Arbitration (August 5, 2011). LSE Legal Studies Working Paper No. 8/2011. Available at SSRN: http://ssrn.com/abstract=1891935 or http://dx.doi.org/10.2139/ssrn.1891935

Contact Information

Yaraslau Kryvoi (Contact Author)
University of West London ( email )
London
United Kingdom
Feedback to SSRN


Paper statistics
Abstract Views: 1,577
Downloads: 351
Download Rank: 26,585
Footnotes:  198

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.391 seconds