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4 - Counterclaims

Jurisdiction and Admissibility

Published online by Cambridge University Press:  24 November 2022

Tomoko Ishikawa
Affiliation:
Nagoya University, Japan
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Summary

Based on the recognition that the uncertainty concerning the questions of jurisdiction and admissibility of counterclaims has, in the current practice, led to a pessimistic appraisal of the possibility of raising counterclaims as an option that is not readily available to the host state, this chapter seeks to clarify the requirements of jurisdiction and admissibility for filing counterclaims. After arguing that the determinative element for the parties’ consent to counterclaims is the scope of investment disputes given in the relevant IIA, it confirms, through analysis of the IIA dataset, that the content is actually given under the majority of IIAs. It then examines the questions of admissibility, focusing on the requirement of a close connection between the principal claim and the counterclaim, as well as the issue of a parent company’s liability under a counterclaim based on alleged damage caused by its local subsidiary.

Type
Chapter
Information
Corporate Environmental Responsibility in Investor-State Dispute Settlement
The Unexhausted Potential of Current Mechanisms
, pp. 87 - 116
Publisher: Cambridge University Press
Print publication year: 2022

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  • Counterclaims
  • Tomoko Ishikawa, Nagoya University, Japan
  • Book: Corporate Environmental Responsibility in Investor-State Dispute Settlement
  • Online publication: 24 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009076425.006
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  • Counterclaims
  • Tomoko Ishikawa, Nagoya University, Japan
  • Book: Corporate Environmental Responsibility in Investor-State Dispute Settlement
  • Online publication: 24 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009076425.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Counterclaims
  • Tomoko Ishikawa, Nagoya University, Japan
  • Book: Corporate Environmental Responsibility in Investor-State Dispute Settlement
  • Online publication: 24 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009076425.006
Available formats
×