From Perpetual Respondent To Aspiring Counterclaimant? State Counterclaims In The New Wave Of Investment Treaties

1 December 2015
Bahrain Chamber for Dispute Resolution’s International Arbitration Review

Critics of investor-State arbitration often refer to the perception that it is a system in which the State must always play defense. State counterclaims against investors could counterbalance this perceived asymmetry. Yet, the majority of State counterclaims asserted to date have failed.