ITA Roundtable at UNCITRAL Working Group III
Counterclaims in Investment Arbitration: Proposals at UNCITRAL Working Group III
Vienna, Austria
Registrar: +1.972.244.3403
ITA: +1.972.244.3414
E-Mail: ita@cailaw.org
Overview
Presented by ITA
Co-Sponsored by KNOETZL
UNCITRAL Working Group III continues the consultations on UNCITRAL paper A/CN.9/WG.III/WP.244 on ‘Draft provisions on procedural and cross-cutting issues’. The Paper addresses critical concerns with investor-State dispute settlement (ISDS) proceedings, including issues already addressed by previous ITA Roundtables, such as damages, the right to regulate, and denial of benefits.
The focus of this roundtable discussion is on Draft Provision 10 of the UNCITRAL paper A/CN.9/WG.III/WP.244 which addresses ‘counterclaims’. The provision allows respondents in ISDS proceedings to submit counterclaims arising directly out of the subject matter of the claim; or in connection with the factual and legal basis of the claim; or based on claimant’s failure to comply with its obligations under the relevant treaty, domestic law, any relevant investment contract or binding legal instrument.
Historically, counterclaims have been infrequently raised in ISDS proceedings, often being dismissed at the jurisdictional stage due to concerns regarding the scope of the consent of the parties. Draft Provision 10 attempts to address these jurisdictional challenges by clarifying the conditions under which counterclaims can be accepted.
The roundtable discussion will feature experts in the field, representing diverse views, including those of the States and of the foreign investors, and providing their critical insights on the topic.
The event is free of charge, but registration is required as seats are limited.
Schedule and Speakers
17:30-18:00 - Registrations
18:00-19:05 - Roundtable
19:10-onwards - Drinks/Food
Introductory Remarks:
- Jurgita Petkute, Partner, KNOETZL
Moderator: Professor Dr. Crina Baltag, Stockholm University
Panelists:
- Prof Laurence Boisson de Chazournes, University of Geneva and Matrix Chambers
- Prof Chester Brown, University of Sydney, 7 Wentworth Selborne Chambers - Sydney, and Essex Court Chambers - London
- Florian Haugeneder, KNOETZL
- Jaroslav Kudrna, Head of the International Arbitration and Investment Protection Unit at the Ministry of Finance of the Czech Republic, Czech Republic.
- Tom Sikora, Exxon Mobil Corporation
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