Calculation Of Compensation And Damages In International Investment Law

Author : Irmgard Marboe
Publisher : Unknown
Page : 556 pages
File Size : 51,7 Mb
Release : 2017
Category : Compensation (Law)
ISBN : 0191067032

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Calculation of Compensation and Damages in International Investment Law by Irmgard Marboe Pdf

"[This] this title analyses the practice of international courts and tribunals with regard to the valuation of investment claims against states, paying specific attention to the question of interest. This new edition incorporates new jurisprudence, updates existing cases, and includes a new section on immaterial damage. The new edition also contains extensive annexes devoted to ICSID cases and non-ICSID investment cases, as well as a table on methods of valuation in international practice. This issue of valuation represents one of the most important aspects of international investment disputes. The parties involved have an obvious interest in an appropriate solution to the question of the quantum of damages. The sums involved are high and this is particularly true in the context of private foreign investment. With the increase in international investment both in the developing as well as the developed world, there is a growing need for a stable and predictable approach to quantum. This new edition meets the needs of foreign investors and host states by setting the issue of valuation on more solid ground. It provides an analysis of how international courts and tribunals have handled cases until now. The emphasis lies on the correct identification of the legal basis claim to inform the valuation method. The author concludes with suggestions and proposals as to how valuation should be handled by legal councils, experts, judges, and arbitrators in international judicial proceedings."--

Author : Sergey Ripinsky,Kevin Williams
Publisher : BIICL
Page : 616 pages
File Size : 50,5 Mb
Release : 2008
Category : Law
ISBN : 190522124X

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Damages in International Investment Law by Sergey Ripinsky,Kevin Williams Pdf

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.

Author : Irmgard Marboe
Publisher : Oxford International Arbitrati
Page : 0 pages
File Size : 49,6 Mb
Release : 2017
Category : Law
ISBN : 0198749937

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Calculation of Compensation and Damages in International Investment Law by Irmgard Marboe Pdf

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.

Author : Mikael Ouaniche,Stéphane Prigent
Publisher : Bruylant
Page : 309 pages
File Size : 55,6 Mb
Release : 2022-09-09
Category : Law
ISBN : 9782802772415

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Compensation for Damage in International Investment Arbitration by Mikael Ouaniche,Stéphane Prigent Pdf

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”.

Author : Irmgard Marboe
Publisher : BRILL
Page : 92 pages
File Size : 44,9 Mb
Release : 2018-05-15
Category : Law
ISBN : 9789004372382

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Damages in Investor-State Arbitration by Irmgard Marboe Pdf

Damages in Investor-State Arbitration: Current Issues and Challenges addresses specificities of the assessment of damages in investor-state disputes reflecting the tensions between sovereignty and self-determination of states and their legal obligations towards foreign investors.

Author : John A. Trenor
Publisher : Unknown
Page : 503 pages
File Size : 48,7 Mb
Release : 2020
Category : Damages
ISBN : 1838622128

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The Guide to Damages in International Arbitration by John A. Trenor Pdf

Author : Christina L. Beharry
Publisher : BRILL
Page : 516 pages
File Size : 47,5 Mb
Release : 2018-04-12
Category : Law
ISBN : 9789004357792

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Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration by Christina L. Beharry Pdf

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.

Author : Krista Nadakavukaren Schefer
Publisher : Edward Elgar Publishing
Page : 704 pages
File Size : 52,8 Mb
Release : 2016-09-28
Category : Law
ISBN : 9781785360084

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International Investment Law by Krista Nadakavukaren Schefer Pdf

This fully revised and updated edition of International Investment Law remains a complete and concise guide to the law of international investment protection and continues to approach the subject with an easy-to-follow, broad and balanced text. New to this edition: - updates to include numerous new cases - completely reworked sections on standards of treatment - new Q&A section to capture practitioner views. Key Features: • balance of cases and explanatory comment familiarises students with reading opinions and enables them to grasp the core concepts at stake • concise – suitable for one-semester course for non-specialists or as a first text for students who will take further specialised courses in the area • excerpts from the most influential arbitration decisions outline differing interpretations and ensure students don’t learn in a theoretical vacuum • questions throughout encourage readers to come to their own opinions.

Author : Dogan Gultutan
Publisher : Kluwer Law International B.V.
Page : 296 pages
File Size : 42,6 Mb
Release : 2021-12-02
Category : Law
ISBN : 9789403540436

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Moral Damages under International Investment Law by Dogan Gultutan Pdf

International Arbitration Law Library# 62 The much-debated fragmentation of international law, most clearly manifest in the stand-alone nature of the investor-state dispute settlement regime, has produced the unfortunate side effect of an intense focus on material damages at the expense of moral damages. This timely groundbreaking book seeks to remedy the unfairness and injustice that flows from this difference in treatment by offering a thorough review of the underlying rules and principles of international law relating to moral damages claims, with a view to considering the appropriateness and possibility of convergence of the various sub-disciplines or branches of international law (e.g., international investment law and international human rights law) to preserve and protect the coherence, uniformity and stability of the international legal order. The analysis covers such central issues as the following: who should be entitled to seek moral damages; the legal test to determining moral damages claims, in respect of both substantive and evidential issues; applicability and scope of the theory of corrective justice in moral damages claims; the victim status of natural persons, corporations, and investors’ employees in investor-state disputes; quantification of moral damages; what the precise nature of the compensation ought to be; and role of the theory of law and economics in the context of moral damages claims. Decisions of international human rights courts are examined to assess, by way of comparison, the appropriateness of the stance taken by international investment tribunals. This is the first in-depth treatment of the important question of whether and under which circumstances international investment tribunals should have jurisdiction to award moral damages, as well as the remedies available and the quantification exercise guiding compensation. The analysis will prove invaluable to practitioners and academics eager to enhance their knowledge and understanding of the rules and principles applicable to moral damages claims under international investment law.

Author : British Institute of International and Comparative Law
Publisher : BIICL
Page : 356 pages
File Size : 53,6 Mb
Release : 2009
Category : Business & Economics
ISBN : 1905221126

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Investment Treaty Law by British Institute of International and Comparative Law Pdf

The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them. The Forum held two conferences in 2007. This present volume compiles the papers presented at the conferences, as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment. Part I of the book is devoted to remedies, compensation, and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Part II addresses the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.

Author : Andrea Gattini,Attila Tanzi,Filippo Fontanelli
Publisher : BRILL
Page : 475 pages
File Size : 55,8 Mb
Release : 2018-06-01
Category : Law
ISBN : 9789004368385

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General Principles of Law and International Investment Arbitration by Andrea Gattini,Attila Tanzi,Filippo Fontanelli Pdf

In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.

Author : Christopher Dugan,Don Wallace,Noah Rubins,Borzu Sabahi
Publisher : Oxford University Press
Page : 818 pages
File Size : 52,6 Mb
Release : 2011-11-25
Category : Law
ISBN : 9780199795727

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Investor-State Arbitration by Christopher Dugan,Don Wallace,Noah Rubins,Borzu Sabahi Pdf

I. Introduction II. History and Limitations of the Traditional System for Resolving Investment Disputes III. The Modern System of Investor-State Arbitration IV. Commonly Used Procedural Rules V. Procedural Law Applicable in Investor-State Arbitration VI. National Court Interference: Anti-Arbitration Injunctions VII. The Course of an Investment Arbitration VIII. Consolidation under Relevant Arbitration Rules or Treaties IX. Governing Law in Investment Disputes X. Consent to Arbitral Jurisdiction XI. The Concept of Investment XII. The Nationality of the Investor XIII. Exhaustion of Local Remedies XIV. Election of Forum: National Courts and Contract Arbitrations XV. Discrimination XVI. Expropriation XVII. "Fair and Equitable Treatment" and "Full Protection and Security" XVIII. Umbrella Clauses XIX. Damages, Compensation, and Non-Pecuniary Remedies XX. Annulment and Set Aside XXI. Enforcement of Awards XXII. The Future of International Investment Arbitration Select Bibliography Index Table of Cases Index of Treaties, Conventions, and International Agreements.

Author : Stephan W. Schill,Christian J. Tams,Rainer Hofmann
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 53,5 Mb
Release : 2015-12-18
Category : LAW
ISBN : 9781784711351

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International Investment Law and Development by Stephan W. Schill,Christian J. Tams,Rainer Hofmann Pdf

International investment law has often been seen as an obstacle to sustainable development. While the connections between investment and development are plain, for a long time there has been relatively little scholarship exploring them. Combining critical reflection and detailed analysis, this book addresses the relationship between contemporary investment law and development. The book is organized around two competing visions of investment and development - as working either harmoniously or in conflict with one another. The expert contributors reflect on both of these views and analyse the social dimensions of development and its impact on investment law. Coverage includes in-depth discussion on such issues as human rights, poverty reduction, labor standards, and indigenous peoples. Students and scholars of international investment law will benefit from the informed analysis of the links between investment and development. This book will also be of use to practitioners and experts of development law who are looking for an up-to-date perspective of the field.

Author : DOGAN. GULTUTAN
Publisher : Unknown
Page : 232 pages
File Size : 40,9 Mb
Release : 2021-12-02
Category : Electronic
ISBN : 9403540257

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Moral Damages Under International Investment Law by DOGAN. GULTUTAN Pdf

International Arbitration Law Library# 62 The much-debated fragmentation of international law, most clearly manifest in the stand-alone nature of the investor-state dispute settlement regime, has produced the unfortunate side effect of an intense focus on material damages at the expense of moral damages. This timely groundbreaking book seeks to remedy the unfairness and injustice that flows from this difference in treatment by offering a thorough review of the underlying rules and principles of international law relating to moral damages claims, with a view to considering the appropriateness and possibility of convergence of the various sub-disciplines or branches of international law (e.g., international investment law and international human rights law) to preserve and protect the coherence, uniformity and stability of the international legal order. The analysis covers such central issues as the following: who should be entitled to seek moral damages; the legal test to determining moral damages claims, in respect of both substantive and evidential issues; applicability and scope of the theory of corrective justice in moral damages claims; the victim status of natural persons, corporations, and investors' employees in investor-state disputes; quantification of moral damages; what the precise nature of the compensation ought to be; and role of the theory of law and economics in the context of moral damages claims. Decisions of international human rights courts are examined to assess, by way of comparison, the appropriateness of the stance taken by international investment tribunals. This is the first in-depth treatment of the important question of whether and under which circumstances international investment tribunals should have jurisdiction to award moral damages, as well as the remedies available and the quantification exercise guiding compensation. The analysis will prove invaluable to practitioners and academics eager to enhance their knowledge and understanding of the rules and principles applicable to moral damages claims under international investment law.

Author : Martin Jarrett
Publisher : Cambridge University Press
Page : 207 pages
File Size : 40,7 Mb
Release : 2019-07-11
Category : Law
ISBN : 9781108481403

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Contributory Fault and Investor Misconduct in Investment Arbitration by Martin Jarrett Pdf

Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.