Introduction

In his recent book, Edward Guntrip refers to counterclaims in investment arbitration as “magic”. The magic of counterclaims comes from their ability to right the imbalance in a system that focuses primarily on investor protection, rather than investor accountability. What is more, counterclaims are not limited to breaches of domestic law or State contracts, but can be used, as Guntrip argues, to enforce violations of international law on the part of the investor. Accountability of investors under international law (or rather lack thereof) is a common criticism of the international investment law system. Guntrip’s book is particularly timely, given that States are paying greater attention to regulating investors, with some international investment agreements (IIAs) now including explicit investor obligations. At the same time, there is an increasing focus on corporate accountability under international law more generally, such as under international human rights law. Counterclaims, Guntrip considers, could be the solution, at least for international investment law.

"Counterclaims in Investment Arbitration - Holding Foreign Investors Accountable for Violations of International Law". Edward Guntrip, June 2024, Hardback ISBN: 978-90-04-42094-6 (also available as e-book). https://brill.com/display/title/56636

Note: Young-OGEMID Author Interview with Dr Edward Guntrip (Book: Counterclaims in Investment Arbitration: Holding Foreign Investors Accountable for Violations of International Law); Report prepared by Jack Bownes https://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=2060