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Author Marboe, Irmgard, author.

Title Damages in investor-state arbitration : current issues and challenges / by Irmgard Marboe.

Published Leiden : Brill, [2018]


Location Call No. Status
Physical description 1 online resource
Series International law and arbitration
Brill research perspectives. International investment law and arbitration.
Bibliography Includes bibliographical references.
Contents Intro; Contents; Damages in Investor-State Arbitration: Current Issues and Challenges; Abstract; Keywords; I Introduction; II Special Features of Investment Arbitration in the Area of Damages; III Challenges Regarding the Applicable Law; IV Standards in Expropriation and in Non-expropriation Cases; 1 Adequate Compensation for Expropriation; 2 Full Reparation for Breaches of International Law; 3 Contractual Damages; V Difference between 'Lawful' and 'Unlawful' Expropriations; VI Causation; VII Importance of the Valuation Date; VIII The Application of Valuation Methods; 1 Market Approach.
2 Income Approach3 Asset-based or Cost Approach; 4 Mixed Approaches; IX Opinions on Country Risk; X Other Possible Limitations on Damages; 1 Contributory Negligence; 2 Mitigation of Damages; 3 Economic Emergency; XI Thresholds for Moral Damages; XII Interest; 1 Pre-award Interest; 2 Post-award Interest; XIII Conclusion; Bibliography.
Summary 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, and the awarding of interest.
Subject Damages.
International commercial arbitration.
ISBN 9789004372382 (electronic bk.)
9004372385 (electronic bk.)

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