Should Host-State be Allowed to Make Counterclaims for Environmental Damage in Investment Disputes?
Article from: TDM 5 (2023), in Climate Change
Abstract
The issue of counterclaims has recently been the subject of debate in the context of the reform of investment arbitration. The possibility of raising counterclaims has been addressed by UNCITRAL'S Working Group III, which examined various means of implementing reforms to establish a framework for counterclaims by the States. Raising counterclaims against investors should be examined in the light of recent increasing backlash against the Investor-State Dispute Settlement ("ISDS") mechanism. One of the arguments raised by the critics of ISDS is that the host States remain perpetual ...