Calculation of Compensation and Damages in International Investment Law
Title | Calculation of Compensation and Damages in International Investment Law PDF eBook |
Author | Irmgard Marboe |
Publisher | Oxford International Arbitrati |
Pages | 0 |
Release | 2017 |
Genre | Law |
ISBN | 9780198749936 |
Introduction --The Function of Compensation and Damages --Valuation Standards and Criteria --International Standards, Bases of Value, and Valuation Approaches --Methods of Valuation in International Practice --Interest --Conclusions.
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration
Title | Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration PDF eBook |
Author | Christina L. Beharry |
Publisher | BRILL |
Pages | 516 |
Release | 2018-04-03 |
Genre | Law |
ISBN | 9004357793 |
Damages and other forms of redress are the object of nearly every international investment dispute. Given the financial stakes in these cases, compensation is a key concern for both foreign investors and States. The increasingly large sums awarded and the growing complexity of claims call for a renewed analysis of legal and valuation concepts related to damages. Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence. A central contribution of this book is its exploration of cutting-edge issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law. This volume brings together leading practitioners, experts, and academics with extensive experience working on issues related to the law of damages and the quantification of compensation. Readers are provided with a deeper understanding of legal and valuation principles that are often the source of intense debate in international investment cases.
Damages in International Investment Law
Title | Damages in International Investment Law PDF eBook |
Author | Sergey Ripinsky |
Publisher | BIICL |
Pages | 616 |
Release | 2008 |
Genre | Law |
ISBN | 9781905221240 |
The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions in international law. This book addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The book is a result of a two-year research project carried out at the British Institute of International and Comparative Law, and it is the first to examine the subject in a systematic, comprehensive, and detailed manner. Damages in International Investment Law offers a much-needed, balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analyses of the most recent investment treaty case law, other relevant practice - both international and national - is reviewed. Thorough, well-organized, and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitrations.
Compensation for Damage in International Investment Arbitration
Title | Compensation for Damage in International Investment Arbitration PDF eBook |
Author | Mikael Ouaniche |
Publisher | Bruylant |
Pages | 310 |
Release | 2022-09-09 |
Genre | Law |
ISBN | 2802772414 |
This book is the first to combine a legal and an economic approach to the violation of international investment law and the evaluation of their financial consequences. It is intended for arbitrators, lawyers, legal experts and financial experts. It will also be useful for academics who study this issue, which crosses disciplinary lines. The cross-disciplinary approach proposed by Mikael Ouaniche and Stéphane Prigent in this original work reflects the dual nature of the debates that irrigate the practice of State-investor arbitration, through a rigorous analysis of arbitral case law. As Laurent Jaeger, President of the French Arbitration Committee, who prefaced the book, says: “Lawyers and arbitrators will be able to improve their understanding of economic and financial valuation methods; experts will be able to improve their understanding of the underlying legal mechanisms. [...] It took all the experience and talent of Mikael Ouaniche and Stéphane Prigent to marry law, economics and finance so harmoniously”.
Damages in Investor-State Arbitration
Title | Damages in Investor-State Arbitration PDF eBook |
Author | Irmgard Marboe |
Publisher | BRILL |
Pages | 92 |
Release | 2018-05-15 |
Genre | Law |
ISBN | 9004372385 |
Damages in Investor-State Arbitration: Current Issues and Challenges addresses specificities of the assessment of damages in investor-state disputes, reflecting the tensions between the sovereignty and self-determination of states and their legal obligations towards foreign investors. These tensions are primarily present in the context of compensation for expropriation, but other commitments of host states undertaken in bilateral investment treaties and contracts with foreign investors may also be in conflict with changing political and economic circumstances. With this background, the calculation of damages becomes a complex endeavor in each case. The lack of valuation principles that are uniformly accepted and implemented leads to uncertainty and unpredictability in practice. The present analysis tries to identify the most important issues and challenges, such as the choice of the valuation date, appropriate valuation methods, moral damages, and the awarding of interest.
Compensation for Damage in International Investment Arbitration
Title | Compensation for Damage in International Investment Arbitration PDF eBook |
Author | Mikael Ouaniche |
Publisher | |
Pages | 0 |
Release | 2022 |
Genre | |
ISBN | 9782802771401 |
Fondée sur la jurisprudence et la doctrine, une analyse économique et juridique des arbitrages entre Etats et investisseurs, notamment pour comprendre le calcul des préjudices. ©Electre 2022.
Compensation and Restitution in Investor-State Arbitration
Title | Compensation and Restitution in Investor-State Arbitration PDF eBook |
Author | Borzu Sabahi |
Publisher | OUP Oxford |
Pages | 280 |
Release | 2011-06-30 |
Genre | Law |
ISBN | 019102158X |
This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties. The principles discussed may be applied to all international law cases where damage to property is an issue. The book starts by tracing the roots of the applicable international legal principles to Roman law, and from there follows their evolution through the European law of extra-contractual liability and eventually through the Chorzów Factory case to principles of compensation and restitution in the modern law of international investment. The greater part of the book is then dedicated to examination of the modern application of these principles, focusing on the jurisprudence of international tribunals under various arbitral rules such as ICSID and UNCITRAL Rules. Monetary compensation as the prevalent form of remedy sought and awarded in investor-State disputes is discussed in more detail, including topics such as the amount of compensation for damage resulting from breach of investment treaties or for lawful expropriation of foreign investor's property, a brief overview of valuation methods, supplementary compensation for moral damages, interest, costs, and currency fluctuations as well as various principles that may limit the amount of recoverable compensation, such as causation. A full chapter is dedicated to the discussion of the theory and practice of awarding restitution in investor-State disputes. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations. The topics discussed cover all the theoretical as well as practical issues which may be raised in awarding compensation and restitution in investment treaty disputes between States and foreign investors.