Counter-Claims: the Court’S Law
(1,986 words)

paragraph 305A in volume 3, chapter 20, The Written Proceedings and Related Matters

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The Permanent Court had little experience of counter-claims. In the Chorzów Factory (Merits), case the Polish Government submitted a document entitled ‘counter claim’. The German Government regarded this as an implicit acceptance of the jurisdiction of the Court (forum prorogatum). The Court nevertheless examined its jurisdiction proprio motu and found that although in form a counter-claim, in fact the submission was an objection to the German claim, and …

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Malcolm N. Shaw, “Counter-Claims: the Court’S Law”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 19 January 2019 <>
First published online: 2017
First print edition: 20161001

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