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Part II General Principles, Article 9

Silvia Borelli, Simon Olleson

From: The United Nations Convention on Jurisdictional Immunities of States and Their Property: A Commentary

Edited By: Roger O'Keefe, Christian J. Tams

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 June 2023

Immunity from jurisdiction, states — Treaties, interpretation — Treaties, application — Counterclaims
Article 9 of the Convention deals with the availability to a State of immunity from foreign jurisdiction in the context of counterclaims. It is the last of three consecutive provisions (Articles 7 to 9) addressing questions of consent. A counterclaim (‘demande reconventionelle’) is a claim presented by a party to proceedings in response—whether by way of set-off, defence, or otherwise—to a claim by another party, most often the principal claimant, viz the party that initiated the proceedings. Article 9 covers two distinct situations. Paragraphs 1 and 2 deal with...
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