Damages In International Investment Law


Damages In International Investment Law
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Damages In International Investment Law


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.



Calculation Of Compensation And Damages In International Investment Law


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.



Damages In Investor State Arbitration


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.



Contemporary And Emerging Issues On The Law Of Damages And Valuation In International Investment Arbitration


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


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.



Compensation For Damage In International Investment Arbitration


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”.



Moral Damages Under International Investment Law


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.



Moral Damages Under International Investment Law


Moral Damages Under International Investment Law
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Author : DOGAN. GULTUTAN
language : en
Publisher:
Release Date : 2021-12-02

Moral Damages Under International Investment Law written by DOGAN. GULTUTAN and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-02 with 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.



Investment Treaty Law


Investment Treaty Law
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Author : British Institute of International and Comparative Law
language : en
Publisher: BIICL
Release Date : 2009

Investment Treaty Law written by British Institute of International and Comparative Law and has been published by BIICL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.


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.



International Investment Law


International Investment Law
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Author : Krista Nadakavukaren Schefer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-02-28

International Investment Law written by Krista Nadakavukaren Schefer and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-28 with Law categories.


This up-to-date and revised third edition offers a clear and comprehensive overview aimed at upper-level undergraduate and postgraduate courses on international investment law. Key features and benefits include: • concise descriptions of legal principles followed by classic and contemporary cases • extracts from and analysis of key recent decisions, revised investment treaty texts and new court system proposals • detailed discussion notes and all new ‘Questions to an Expert’ to enable classroom discussion and facilitate critical reflection.