ПРОТИВТУЖБА И КОМПЕНЗАЦИОНИ ПРИГОВОР У АРБИТРАЖНОМ СПОРУ
CONTERCLAIM AND SET-OFF IN ARBITRATION

Summary/Abstract: Until recently, admissability of counterclaims before international commercial arbitrations has been treated in accordance with a relatively simple forumula -- one had to ascertain the objective scope of the arbitration agreement. With regard to set-off, however, admissability threshold has been less clear and was mostly dependant on relation between the main claim and set-off. Newly promulgated Swiss Arbitration Rules have, for the first time, enabled potential broadening of arbitral jurisdiction over set-off claims, enabling Swiss tribunals to adjudicate even those set-offs that are already subject to another arbitration clause or forum selection clause. This might lead to a potentially dangerous situation where such attraction of jurisdiction might lead to a conflict with another tribunal or court which has expressly been designated as competent with regard to relations which give rise to set-off. This triggers later dilemmas with regard to the reach of decisions on set-off and the possibility that the tribunal applies lis pendens rules in order to avoid conflicting decisions.

• Details
• Contents