Curtis Attorneys Publish Chapter on Counterclaims in ISDS

Partners Irene Petrelli and Simon Batifort, and Associate Cyprien Mathié have written a chapter titled “Counterclaims in ISDS: Solution or Distraction?” in the recently published book Foreign Direct Investment, Human Rights and Climate Change: A Multiperspective Approach. This book explores how international investment agreements can better balance investor protection with environmental sustainability, human rights, and state regulatory autonomy in cross-border investment.

In chapter six, Curtis attorneys discuss the extent to which counterclaims are likely to constitute a solution to the legitimacy crisis faced by ISDS. They address the main legal hurdles to State counterclaims, recent treaty practice addressing those hurdles, and the limitations of counterclaims in practice due to the structure of investment treaty arbitration.

The book is available to read here.