Changes in the Regulation of Counterclaims and Denial of Benefits in Investment Disputes: In Search of a Balance Between the Interests of the Parties (in Russian)

The article is the product of group research of Nataliia Arzhaeva, Ilya Ulyanov, and Polina Yataeva within the Investment Law and Arbitration Lab and is devoted to the analysis of the draft documents of Working Group III of the UN Commission on International Trade Law on reforming Draft provisions on procedural issues within the framework of the Investor-State Dispute Settlement Reform. One of the problems before the Working Group III concerns the lack of balance between the rights of investors and states. Given the trends set by practice, the model of development of international investment law that was previously focused on protecting the investor needs to be adjusted. Counterclaims and denial of benefits of an investment agreement are examples of tools to achieve the balance sought.