Counterclaims in Investor-State Disputes

One feature of investor-state dispute settlement that generates concern is its near complete asymmetry. Under nearly all existing treaties states have obligations and investors are granted protections. Investors can initiate treaty-based claims against states, but states do not have clear powers to sue investors. One proposed solution for addressing that is clarifying the rules around investor obligations and counterclaims to better address whether, when and under what circumstances states may or shall be permitted to raise them.

Relevant work:

• Blog: IIAs and Investor (Mis) Conduct (January 2020, CCSI Blog)
• Blog: Access to Justice and Corporate Accountability for Investment-Related Harms: Opportunities and Limitations of the International Investment Regime (January 2020, CCSI Blog)
• Article: The Settlement of Investment Disputes: A Discussion of Democratic Accountability and the Public Interest (March 2017)
• Submission: CCSI Comments to the OECD draft publication on Business Responsibilities and Investment Treaties (February 2020 (p 95-105); Related OECD Consultation Paper)