Counterclaims in Regulation and Investor International Investment Law

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1- A major contention in international investment law concerns states’ right to regulate within their own borders. There have been numerous instances where an arbitral tribunal has decided in favour of international investors over claims concerning domestic regulation. Do counterclaims offer a possible rebalancing in favour of the state with this issue? Why or why not? Critically discuss with references to relevant case law, arbitral awards and academic literature.

 

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