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States’ Claims and Counterclaims in Investment Arbitration
December 4, 2020 At 9:00 am - 10:30 am EST
Our panel on States’ Claims and Counterclaims in Investment Arbitration will be discussing one of the most criticized aspects of ISDS, the possibility for respondent States to submit counterclaims against the claimants in investment arbitration. The panel will discuss the following:
- Recent developments in treaty drafting that have been changing this “one-way” street in ISDS;
- The jurisdictional requirements and the substantive obligations that treaties may include to enable the submission of treaty claims and counterclaims by States; and
- The pros and cons of supplementing the ISDS system with treaties that may impose obligations on social corporate responsibility obligations to foreign investors related to minimum labor and environmental standards.