Conclusions

Abstract

The right of a respondent to present counterclaims in the course of the same proceedings initiated by the applicant is admitted in the major systems of domestic law. The embrace of this right in international litigation constitutes an example of private law analogy in international law. It is remarkable that the introduction of the concept of counterclaims in the rules of procedure of international courts and tribunals has not met with serious objections as a matter of principle. This may be explained by the inherent indicia of the concept that admit its application on the international plane: first, the high degree of fairness surrounding it in allowing a respondent to present its own claims against the applicant; secondly, the possibility to do this in the course of the same proceedings, thus ensuring judicial economy; thirdly, its character as a tool of procedural strategy in balancing the effect of the principal application or by mutually neutralizing the substance of both claim and counterclaim with the result of depriving the principal claim of any effect. The adaptation of the concept of counterclaims on the international plane has generally been smooth; but a degree of adaptation has been necessary.