Compensation and Restitution in Investor-State Arbitration: Principles and Practice
- ISBN-10
- 019102158X
- ISBN-13
- 9780191021589
- Category
- Law
- Pages
- 280
- Language
- English
- Published
- 2011-06-30
- Publisher
- OUP Oxford
- Author
- Borzu Sabahi
Description
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.
Get the book
Other editions
-
- 2011-06-30
- 280 pages
- Ebook
- OUP Oxford
-
- 2011-06-30
- 256 pages
- Paperback
- Oxford University Press
Similar books
-
Investor-State Arbitration
By Borzu Sabahi, Don Wallace, Christopher DuganThe 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.
-
Damages in Investor-State Arbitration: Current Issues and Challenges
By Irmgard MarboeDamages 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 ...
-
Compensation for Damage in International Investment Arbitration: Practical Guide
By Mikael Ouaniche, Stéphane PrigentThis 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.
-
Calculation of Compensation and Damages in International Investment Law
By Irmgard MarboeIntroduction --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.
-
Damages in International Investment Law
By Kevin Williams, Sergey RipinskyIn Feldman v Mexico , the Tribunal noted that ' in case of discrimination that constitutes a breach of Article 1102 , what is owed by the responding Party is the amount of loss or damage that is adequately connected to the breach.
-
Introduction to Investor-State Arbitration
By Yves Derains, Josefa Sicard-MirabalThis book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion.
-
Investor-State Dispute Settlement: A Reality Check
By Scott Miller, Gregory N. HicksInvestor-State Dispute Settlement (ISDS) is a provision in Bilateral Investment Treaties (BITs) and other international investment agreements that allows investors to enter arbitration with states over treaty breaches.
-
The Guide to Damages in International Arbitration
By John A. TrenorThe Guide to Damages in International Arbitration
-
Investment Treaty Arbitration as Public International Law: Procedural Aspects and Implications
By Eric De BrabandereThis book, which presents an account of investment treaty arbitration as a part of public international law - as opposed to commercial law - provides an important contribution to the literature on this subject.
-
Investor State Arbitration in a Changing World Order
By Alexander W. Resar, Tai-Heng ChengInvestor State Arbitration In A Changing World Order addresses challenges and reform proposals that dominate contemporary discussion of investor state arbitration.