Damages In International Investment Law
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Author | : Sergey Ripinsky |
Publisher | : BIICL |
Total 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.
Author | : Irmgard Marboe |
Publisher | : Oxford International Arbitrati |
Total 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.
Author | : Christina L. Beharry |
Publisher | : BRILL |
Total 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.
Author | : Meg Kinnear |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 723 |
Release | : 2015-12-22 |
Genre | : Law |
ISBN | : 9041161414 |
This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.
Author | : Stephan W. Schill |
Publisher | : Oxford University Press |
Total Pages | : 922 |
Release | : 2010-10-14 |
Genre | : Law |
ISBN | : 0199589100 |
International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
Author | : Andrea Gattini |
Publisher | : BRILL |
Total Pages | : 475 |
Release | : 2018-05-29 |
Genre | : Law |
ISBN | : 9004368388 |
General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.
Author | : John A. Trenor |
Publisher | : |
Total Pages | : 503 |
Release | : 2020 |
Genre | : Damages |
ISBN | : 9781838622121 |
Author | : Martin Jarrett |
Publisher | : Cambridge University Press |
Total Pages | : 207 |
Release | : 2019-07-11 |
Genre | : Law |
ISBN | : 110848140X |
Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.
Author | : Lukas Vanhonnaeker |
Publisher | : Cambridge University Press |
Total Pages | : 0 |
Release | : 2022-08-11 |
Genre | : Law |
ISBN | : 9781108746526 |
In recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.
Author | : Eric De Brabandere |
Publisher | : Cambridge University Press |
Total Pages | : 265 |
Release | : 2014-09-15 |
Genre | : Law |
ISBN | : 1107066875 |
This book demonstrates how the public international law character of investment treaty arbitration has impacted on the dispute settlement procedure.