Introduction

This article analyzes the ICSID case law on investment treaty counterclaims, exploring how tribunals have interpreted the requirements for submission of counterclaims under the Convention and the Rules of Arbitration. It also considers treaty and model investment treaty developments in an attempt to explore the evolution of investment arbitration case law and new treaties that could transform the system into one where counterclaims are practicably possible. In addressing this question, this article first sets out the provisions of the Convention and the Rules of Arbitration and explains ...