The Nexus between Claims and Counterclaims

Edward Guntrip

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Chapter 3 The Nexus between Claims and Counterclaims

In: Counterclaims in Investment Arbitration

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Edward Guntrip

Edward Guntrip
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Type:: Chapter

Pages:: 54–82

DOI:: https://doi.org/10.1163/9789004420953_004

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Abstract

This chapter examines the need for a nexus between the originating claim and the counterclaim based on the ICSID Convention and ICSID Arbitration Rules, ICSID Additional Facility Arbitration Rules and UNCITRAL Arbitration Rules. This chapter outlines that the need for a connection between the claims gives effect to the good administration of justice. It reviews arbitral practice to understand how arbitral tribunals have understood what amounts to a nexus and identifies that arbitral tribunals frequently require a legal connection between the claims based on a reciprocal legal obligation in the same legal source. The chapter sets out why this type of connection is too narrow to give full effect to counterclaims based on international law in investment arbitration and sets out how host States can encourage arbitral tribunals to adopt a wider understanding of a connection between the claims using express provisions in international investment agreements and domestic legislation and presenting legal argument that draws on the principles underpinning the good administration of justice.

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Counterclaims in Investment Arbitration

Holding Foreign Investors Accountable for Violations of International Law

Series: International Litigation in Practice, Volume: 13

Cover Counterclaims in Investment Arbitration

E-Book ISBN:: 9789004420953

Publisher:: Brill | Nijhoff

Print Publication Date:: 06 Jun 2024

Subjects
- International Law
  - International Dispute Resolution & Arbitration
  - International Commercial, Trade & Investment Law

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Chapter 3 The Nexus between Claims and Counterclaims

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Counterclaims in Investment Arbitration

Holding Foreign Investors Accountable for Violations of International Law

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