Compensation For Damage In International Investment Arbitration
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Compensation For Damage In International Investment Arbitration
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Author : Mikael Ouaniche
language : en
Publisher: Bruylant
Release Date : 2022-09-09
Compensation For Damage In International Investment Arbitration written by Mikael Ouaniche and has been published by Bruylant this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-09 with Law categories.
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”.
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.
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 sovereignty and self-determination of states and their legal obligations towards foreign investors.
Compensation For Damage In International Investment Arbitration
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Author : Mikael Ouaniche
language : en
Publisher:
Release Date : 2022
Compensation For Damage In International Investment Arbitration written by Mikael Ouaniche and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
Fondée sur la jurisprudence et la doctrine, une analyse économique et juridique des arbitrages entre Etats et investisseurs, notamment pour comprendre le calcul des préjudices. ©Electre 2022.
Calculation Of Compensation And Damages In International Investment Law
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Author : Irmgard Marboe
language : en
Publisher: Oxford International Arbitrati
Release Date : 2017
Calculation Of Compensation And Damages In International Investment Law written by Irmgard Marboe and has been published by Oxford International Arbitrati this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
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.
Contemporary And Emerging Issues On The Law Of Damages And Valuation In International Investment Arbitration
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Author : Christina L. Beharry
language : en
Publisher: BRILL
Release Date : 2018-04-12
Contemporary And Emerging Issues On The Law Of Damages And Valuation In International Investment Arbitration written by Christina L. Beharry and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-12 with Law categories.
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.
Calculation Of Compensation And Damages In International Investment Law
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Author : Irmgard Marboe
language : en
Publisher:
Release Date : 2017
Calculation Of Compensation And Damages In International Investment Law 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 2017 with Compensation (Law) categories.
Dealing with the issue of valuation of legal claims in international dispute settlement proceedings, especially in the context of foreign investment, this text provides an analysis of the practice of international courts and tribunals as regards the valuation of claims of individuals against foreign states.
Moral Damages Under International Investment Law
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Author : Dogan Gultutan
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-12-02
Moral Damages Under International Investment Law written by Dogan Gultutan 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 2021-12-02 with Law categories.
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.
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
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.