Compensation And Restitution In Investor State Arbitration
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Compensation And Restitution In Investor State Arbitration
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Author : Borzu Sabahi
language : en
Publisher: OUP Oxford
Release Date : 2011-06-30
Compensation And Restitution In Investor State Arbitration written by Borzu Sabahi and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-30 with Law categories.
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.
Investor State Arbitration
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Author : Christopher F. Dugan
language : en
Publisher: Oxford University Press
Release Date : 2011-11-25
Investor State Arbitration written by Christopher F. Dugan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-25 with Law categories.
Investor-State Arbitration describes the increasing importance of international investment and the necessary development of a new field of international law that defines the obligations of host states and creates procedures for resolving disputes. The authors examine the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elements of investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The authors trace the evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and the more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years. The authors explain how this development has led to far greater certainty for foreign investors in dealing with their host countries, as well as how it has incentivized growth in international trade and commerce.
Compensation And Restitution In Investor State Arbitration
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Author : Borzu Sabahi
language : en
Publisher: OUP Oxford
Release Date : 2011-06-30
Compensation And Restitution In Investor State Arbitration written by Borzu Sabahi and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-30 with Law categories.
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.
Investment Treaty Arbitration As Public International Law
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Author : Eric De Brabandere
language : en
Publisher: Cambridge University Press
Release Date : 2014-09-15
Investment Treaty Arbitration As Public International Law written by Eric De Brabandere and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-15 with Law categories.
This book demonstrates how the public international law character of investment treaty arbitration has impacted on the dispute settlement procedure.
Damages In Investor State Arbitration
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Author : Irmgard Marboe
language : en
Publisher:
Release Date : 2018
Damages In Investor State Arbitration written by Irmgard Marboe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with International commercial arbitration categories.
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.
Valuation For Arbitration
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Author : Mark Kantor
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01
Valuation For Arbitration written by Mark Kantor and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
This book provides a clear understanding of the nuts and bolts of valuation approaches for business investments, including market, income and asset-based methods. It reviews tools that arbitrators may employ to reach their final compensation assessment on a principled basis. The bookands many practical recommendations explore the decision making processes entailed in three central aspects of the arbitratorands role: and advance planning to enhance understanding of expert valuation evidence; and identification of andapples-to-orangesand miscomparisons; and and recognition of the true comparability between the business at issue and other examples offered in the expert evidence. The presentation focuses not only on the legal standards applicable to the valuation (full or adequate compensation, reparations, restitution, actual loss, fair market value, fair or reasonably equivalent value, lost profits, etc.), but also on the informed judgment and reasonableness that must enter into the process of weighing the facts of each case and determining its aggregate significance. The book considers common valuation methods like discounted cash flows, adjusted present values, capitalized cash flows, adjusted book values and comparable sales and transactions. Additionally, it addresses means for arbitrators to assess expert valuation evidence in complex business investment disputes. andquot;Best book 2008 of the OGEMID awards!andquot;
Damages In Investor State Arbitration
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Author : Irmgard Marboe
language : en
Publisher: BRILL
Release Date : 2018-05-15
Damages In Investor State Arbitration written by Irmgard Marboe and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-15 with Law categories.
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.
Guide To Damages In International Arbitration
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Author : John A Trenor
language : en
Publisher: Law Business Research Ltd.
Release Date : 2018-01-18
Guide To Damages In International Arbitration written by John A Trenor and has been published by Law Business Research Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-18 with categories.
Have you ever been frustrated that arbitration folk aren't more numerate? The Guide to Damages in International Arbitration is a desktop reference work for those who'd like greater confidence when dealing with the numbers. This second edition builds upon last year's by updating and adding several new chapters on the function and role of damages experts, the applicable valuation approach, country risk premium, and damages in gas and electricity arbitrations.This edition covers all aspects of damages - from the legal principles applicable, to the main valuation techniques and their mechanics, to industry-specific questions, and topics such as tax and currency. It is designed to help all participants in the international arbitration community to discuss damages issues more effectively and communicate them better to tribunals, with the aim of producing better awards. The book is split into four parts: Part I - Legal Principles Applicable to the Award of Damages; Part II - Procedural Issues and the Use of Damages Experts; Part III - Approaches and Methods for the Assessment and Quantification of Damages; Part IV - Industry-Specific Damages Issues
Damages In International Investment Law
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Author : Sergey Ripinsky
language : en
Publisher: BIICL
Release Date : 2008
Damages In International Investment Law written by Sergey Ripinsky and has been published by BIICL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
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.
Holocaust Restitution
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Author : Michael J. Bazyler
language : en
Publisher: NYU Press
Release Date : 2006
Holocaust Restitution written by Michael J. Bazyler and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with History categories.
Holocaust Restitution is the first volume to present the Holocaust restitution movement directly from the viewpoints of the various parties involved in the campaigns and settlements. Now that the Holocaust restitution claims are closed, this work enjoys the benefits of hindsight to provide a definitive assessment of the movement. From lawyers and State Department officials to survivors and heads of key institutes involved in the negotiations, the volume brings together the central players in the Holocaust restitution movement, both pro and con. The volume examines the claims against European banks and against Germany and Austria relating to forced labor, insurance claims, and looted art claims. It considers their significance, their legacy, and the moral issues involved in seeking and receiving restitution. Contributors: Roland Bank, Michael Berenbaum, Lee Boyd, Thomas Buergenthal, Monica S. Dugot, Stuart E. Eizenstat, Eric Freedman and Richard Weisberg, Si Frumkin, Peter Hayes, Kai Henning, Roman Kent, Lawrence Kill and Linda Gerstel, Edward R. Korman, Otto Graf Lambsdorff, David A. Lash and Mitchell A. Kamin, Hannah Lessing and Fiorentina Azizi, Burt Neuborne, Owen C. Pell, Morris Ratner and Caryn Becker, Shimon Samuels, E. Randol Schoenberg, William Z. Slany, Howard N. Spiegler, Deborah Sturman, Robert A. Swift, Gideon Taylor, Lothar Ulsamer, Melvyn I. Weiss, Roger M. Witten, Sidney Zabludoff, and Arie Zuckerman.