Mixing apples with oranges or how to counterclaim human rights violations in investment arbitration

Abstract

This article analyzes potential counterclaims of a State in an investment arbitration. Thus, the authors make a general revision of the fundamental concepts of investment arbitration focus in ICSID proceedings. On that basis, they verify thepossibility to support the State’s counterclaim in the consent of the investor in its different manifestations. Finally, the authors develop the problems of invoke a violation of human rights as basis of the State counterclaim.