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Counterclaims in Investment Arbitration: Holding Foreign Investors Accountable for Violations of International Law

Counterclaims in Investment Arbitration: Holding Foreign Investors Accountable for Violations of International Law

Hardcover

General Law

ISBN10: 9004420940
ISBN13: 9789004420946
Publisher: Brill Nijhoff
Published: Jun 20 2024
Pages: 192
Weight: 0.97
Height: 0.71 Width: 6.22 Depth: 9.37
Language: English
Foreign investors benefit from investment protection standards in international investment law which are enforceable in investment arbitration. However, international law does not directly bind foreign investors and investment arbitration struggles to address foreign investor misconduct. Thus, host States cannot easily claim against foreign investors for breaches of international law in investment arbitration. In Counterclaims in Investment Arbitration, Edward Guntrip illustrates how host States can use counterclaim procedures in investment arbitration to hold foreign investors accountable for misconduct that breaches international law. Based on arbitral practice, the book sets out how host States can amend their State practice and litigation strategies to enhance the effectiveness of counterclaim procedures and assesses when host States should take this course of action.

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General Law