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Counterclaims in Investment Arbitration: a Way to Symmetry or Encroachment on Investor\'s Protection?

Student: Vera Bykova

Supervisor: Natalia Yerpyleva

Faculty: Faculty of Law

Educational Programme: Private International Law (Master)

Final Grade: 10

Year of Graduation: 2019

The thesis is devoted to counterclaims of host states against investors in international investment arbitration. The author examines the historical background of the emergence of host states’ counterclaims and identifies the positive aspects and risks of the potential widespread adjudication of counterclaims in investment arbitration. In particular, among the positive effects, the author notes the achievement of procedural effectiveness and the avoidance of conflicting decisions in various jurisdictions. The author comes to the conclusion that counterclaims contribute to increasing the legitimacy of the international investment arbitration regime in the eyes of host states and do not reduce the level of protection of investors' rights.

Full text (added May 14, 2019)

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