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Damages in Investor-State Arbitration: Current Issues and Challenges

Damages in Investor-State Arbitration: Current Issues and Challenges

作者： Irmgard Marboe
出版商： Brill Academic Publishers
ISBN: 9789004366855
出版时间 June 2018
规格： Paperback
适应领域： Netherlands ? 免责申明：
Countri(es) stated herein are used as reference only

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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.

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