ITF Meeting: Counterclaims in Investor-State Arbitration

Event Details

As the system of investor-state disputes is criticised by some as biased in favour of investors. One aspect of this bias is that many investment treaties only place obligations on the host State to promote and protect foreign investment. The treaties normally do not seek to regulate the conduct of investors. As such, counterclaims from States have been rare and usually only arise in the context of some other specific investment agreement or national law.

The panel will consider the circumstances in which States may advance counterclaims and look at recent developments which will make counterclaims increasingly likely. The discussion will analyse the new breed of investment treaties and, in particular, the inclusion of new provisions which place obligations on investors, notably in respect of social and environmental impact.

Introductory remarks 

Prof Yarik Kryvoi, British Institute of International and Comparative Law

Chair

Michael Ostrove, Global Co-Chair of International Arbitration, DLA Piper

Speakers

• David Herlihy, Skadden, Arps, Slate, Meagher & Flom LLP

• Alison Macdonald QC, Matrix Chambers
• Dainis Pudelis, State Chancellery of Republic of Latvia
  

 
See also: Kryvoi, Yarik, Counterclaims in Investor-State Arbitration (2012).

  
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Audio recording