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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