On 20 January 2025, KNOETZL, together with ITA hosted yet another successful ITA Roundtable at the UNCITRAL Working Group III, focusing on counterclaims in investment arbitration. As discussions on UNCITRAL paper A/CN.9/WG.III/WP.244 (‘Draft provisions on procedural and cross-cutting issues’) continue, the panel examined Draft Provision 10, which sets out the scope for respondents in ISDS proceedings to submit counterclaims linked to the subject matter, factual and legal basis of the claim, or breaches of treaty, domestic law, investment contracts, or binding legal instruments.

We extend our gratitude to distinguished speakers Dr. Crina Baltag, Professor Laurence Boisson de Chazournes, Professor Chester Brown SC, Florian Haugeneder, Jaroslav Kudrna, and Tom Sikora for their valuable contributions to the discussion, as well as to Jurgita Petkute, for delivering the opening remarks.